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Judgment
K.N. Keshavanarayana
Apprehending their arrest by Turuvekere Police in Tumkur District, in connection with the case in Crime No. 294/2012 for the offences punishable under Sections 498-A r/w. 34 of IPC, the petitioners arraigned as Accused Nos. 2 to 4, have presented this petition u/s 438 of Cr.P.C. seeking the relief of anticipatory bail. According to the case of the prosecution, on the basis of the complaint lodged by one Fayaz Ahmad, elder brother of Smt. Nazimunnisa, the aforesaid case came to be registered and investigation was taken-up.
On coming to know of the registration of the aforesaid case, the petitioners approached the learned Sessions Judge at Tumkur seeking the relief of anticipatory bail. However, the their prayer came to be rejected. Therefore, the petitioners are before this Court seeking the relief of anticipatory bail.
The petition is opposed by the Respondent-State.
I have heard the learned counsel appearing on both sides and perused the records made available.
Admittedly, the petitioners have been arraigned as Ans. 2 to 4 in the aforesaid case registered by the respondent-police for non-bailable offence. Therefore, the apprehension of the petitioners that they are likely to be arrested by the respondent-police in connection with the aforesaid case is well-founded.
As noticed supra, the criminal law was set on motion by the elder brother of Smt. Nazimunnisa. Petitioner No. 2 is the father-in-law, petitioner No. 1 is the sister-in-law of Smt. Nazimunnisa and Petitioner No. 3 is the son-in-law of petitioner No. 2.
Reading of the complaint indicates that an omnibus statement has been made to the effect that, Smt. Nazimunnisa''s husband, mother-in-law, father-in-law, son-in-law and other relatives of her husband have subjected her to cruelty and harassment. There is no specific overt-acts attributed against any of these petitioners.
Having regard to the facts and circumstances of the case, and the materials available on record, at this stage, I find no reasonable grounds to believe that the petitioners are guilty of the offences alleged. Therefore, the petitioners are entitled for the relief of anticipatory bail. In the result, the petition is allowed. The respondent-police are hereby directed to release the petitioners on bail in the event of their arrest in connection with the case in Crime No. 294/2012 on each of them executing personable bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer and subject to further conditions that,
i) Upon such arrest and release, the petitioners shall appear before the Investigating Officer as and when so required by him and shall co-operate in the Investigation of the case;
ii) they shall not tamper or terrorise the prosecution witnesses in any manner; and
iii) they shall not indulge in any acts similar to the one alleged against them.