Syed Mozamel & Others vs State Of Karnataka By East Zone Women�s Police Station, Bangalore � 560051

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest by the Officers of

the Women’s Police Station, East Zone, Shivajinagar, Bengaluru, for the offence punishable under Sections 498A and 506 of IPC and Sections 3

and 4 of the Dowry Prohibition Act.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case is that based on the complaint of the wife of petitioner No.1, the police have issued the notice against the petitioners

vide notice dated 07.12.2021 after registering NCR No.798/2021.

The learned counsel for the petitioners would submit that in terms of the notice, the petitioners appeared before the police and there is apprehension

of arrest based on the complaint and hence they may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the petitioners appeared before the

police and they were advised and there is no any apprehension of arrest and the petition is not maintainable.

Having heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State and on

perusal of the document Annexure-B dated 07.12.2021, it is clear that NCR is registered in 798/2021. The learned High Court Government Pleader

also does not dispute the fact that the petitioners appeared in pursuance of the notice and they were advised properly. When the notice has been

issued and NCR has been registered, it is the contention of the learned counsel for the petitioners that there is likelihood of apprehending the

petitioners in view of the complaint. Having taken note of the issuance of notice and registering of NCR, I am of the opinion that it is a fit case to

exercise the powers under Section 438 of Cr.P.C. and in the event of any such registration of the case and arrest based on this complaint, the

petitioners may be enlarged on bail.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest by the Officers of the Women’s Police

Station, East Zone, Shivajinagar, Bengaluru, for the offence punishable under Sections 498A and 506 of IPC and Sections 3 and 4 of the Dowry

Prohibition Act, subject to the following conditions:

(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order

and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-sum to the

satisfaction of the concerned Investigating Officer.

(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer,

as and when called for.

(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge-sheet is filed or for a period of

three months, whichever is earlier.

(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the

Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.