IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5744/2019 BETWEEN:
1. SRI.SALEEM M.H., S/O LATE HASANABBA, AGED ABOUT 60 YEARS, RESIDING AT NO.134/23/3, AZAD NAGAR, MADIKERI TOWN, KODAGU DISTRICT – 571 201.
2. SMT.M.S.SHARIEFA, W/O SALEEM M.H., AGED ABOUT 49 YEARS, RESIDING AT NO.134/24/3, AZAD NAGAR, MADIKERI TOWN, KODAGU DISTRICT – 571 201.
... PETITIONERS (BY SRI. MOHD.USMAN SHAIKH, ADVOCATE) AND:
STATE OF KARNATAKA, BY MADIKERI TOWN POLICE STATION, REPRESENTED BY GOVERNMENT PLEADER, S.P.P., HIGH COURT OF KARNATAKA BENGALURU – 01.
(BY SRI HONNAPPA, HCGP.) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.58/2019 REGISTERED BY MADIKERI TOWN POLICE STATION, KODAGU FOR THE OFFENCE P/U/S 498-A OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioners are arraigned as accused Nos.2 and 3 in Crime No.58/2019 for the offence punishable under Sections 498A of IPC and Sections 3 and 4 Dowry Prohibition Act, 1961.
3. None of the offences are seriously punishable in nature. The allegations are that on 19.04.2018, the complainant by name Smt. Riyanath M.A., was given in marriage to accused No.1 – Mohammad Shabeer. After the marriage, the petitioners and accused No.1 were taking care of the said lady and after ten days, accused No.1 left to foreign country. It is stated that the petitioners started ill-treating and harassing the complainant. But there is no specific allegation as to for what purpose they were ill-treating and harassing the complainant. The allegations are not specifically stated and the complaint shows that it is only for flimsy reasons. Looking to the above said facts and circumstances of the case, in the matrimonial case, the Court should provide opportunity to the parties, to explore the possibilities of settlement between themselves. Therefore, in the above said facts and circumstances of the case, as there is no specific allegations against the petitioners, it is just and necessary to release the petitioners on bail. Accordingly, the petition deserves to be allowed and the petitioners are entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.58/2019 of Madikeri Police Station, Kodagu for the offence punishable under Sections 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, subject to the following conditions:-
a. 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 personal bond for a sum of Rs.50,000/- each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
b. The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
c. The petitioners shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
d. 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.
e. The petitioners shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the final report is filed, whichever is earlier.
Sd/- JUDGE nvj