High CourtsSingle Bench(2014) 02 KAR CK 0046

Rehaman Nadaf vs The State of Karnataka

Karnataka High Court · Decided on 3 February 2014

HON’BLE JUDGES
A.S. Pachhapure, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 200115/2014

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Judgment

12 paragraphs · 382 words

A.S. Pachhapure, J.—The petitioner has approached this Court for grant of anticipatory bail apprehending arrest in Crime No. 09/2014 registered for the offence punishable under Sections 498A, 506 read with Section 149 of IPC.

2.

The facts reveal that the petitioner is the husband of Shakeela Begum, the complainant; her marriage with the petitioner was held in the year 1996; they have two daughters aged 14 and 12 years respectively. It is alleged that the petitioner is not giving any financial assistance for the maintenance of the children and he subjecting his wife and children to cruelty and harassment. It is in these circumstances that she approached the police and lodged a complaint. The same came to be registered by Sadar Bazar police in Crime No. 09/2014 for the offence punishable under Sections 498A, 506 read with Section 149 of IPC.

3.

I have heard the learned counsel for the petitioner and also the learned High Court Government Pleader.

4.

Perusal of the material placed on record reveals that except the general allegations made against the petitioner, no serious allegations have been made with any details and particulars of the incident. The petitioner is serving as a teacher, whereas his wife, the complainant is serving as a clerk in LIC Office.

5.

Taking into consideration the fact that the other accused have been granted anticipatory bail by the learned Sessions Judge, I am of the opinion that this is a fit case, where the bail has to be granted.

6.

In the result, the petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest in Crime No. 99/2014 for the aforesaid offences, on his executing personal bond for Rs. 50,000/- with one solvent surety for the likesum to the satisfaction of the arresting authority with the further following conditions:

i) That the petitioner shall appear before the concerned Police Station within 10 days from today.

ii) He shall mark his attendance in the police station on every Sunday in between 10.00 a.m. to 11.00 a.m. until filing of the chargesheet.

iii) He shall not tamper with the prosecution witnesses in any manner.

iv) He shall not jump bail.

If any of the conditions are violated, the anticipatory bail entails cancellation.

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