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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.10180/2017
BETWEEN:
1. SAMIUALLA @ SAMIULLA KHAN
S/O. JIAULLA KHAN,
AGED ABOUT 42 YEARS
R/AT HOUSE NO. 69/5,
AHMED NAGAR,
GALIPURA EXTENSION,
CHAMARAJANAGAR TOWN,
571313
2. APSAR PASHA
S/O. LATE. M I GAFUR,
AGED ABOUT 44 YEARS
R/AT NO. 191,
BEEDI COLONY, WARD NO. 4,
GALIPURA EXTENSION,
CHAMARAJANAGAR
TOWN – 571 313.
.. PETITIONERS
(BY SRI MANJUNATH N D, ADVOCATE)
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AND
THE STATE OF KARNATAKA
THROUGH CHAMARAJNAGAR
TOWN PS, CHAMARAJANAGAR
DIST-571313,
REP. BY SPP HIGH
COURT OF KARNATAKA AT
BANGALORE 01. .. RESPONDENT
(BY SRI CHETAN DESAI, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING
TO ENLARGE THE PETITIONERS ON BAIL IN THE
EVENT OF THEIR ARREST IN CR.NO.225/2017 OF
CHAMARAJANAGAR TOWN P.S., CHAMARAJANAGAR
DISTRICT FOR THE OFFENCE P/U/S 498A, 302, 506,
201 R/W 149 OF IPC AND SEC.3,4 OF DOWRY
PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the petitioners/accused
No.11 and 12 under Section 438 of Cr.P.C. seeking
anticipatory bail, to direct the respondent-police to
release the petitioners on bail in the event of their arrest
for the offences punishable under Sections 498A, 302,
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506, 201 read with 34 of IPC and Sections 3 and 4 of
Dowry Prohibition Act, registered in respondent police
station Crime No.225/2017. One Bibi Aisha is the
deceased and her brother Sri.Jameer Pasha has lodged
the complaint in this case.
2. Heard the arguments of the learned counsel
appearing for the petitioners/accused and also the
learned High Court Government Pleader appearing for
the respondent-State.
3. The case of the prosecution as per the
complaint averments that husband of the deceased and
his family members were giving ill-treatment and
harassment to the deceased insisting her to bring the
amount from her parental place. The further allegation
that the petitioners herein did not allow the body of the
deceased to be shifted to the parental place and insisted
that funeral is to be done at the said place itself. On the
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basis of the said complaint, FIR came to be registered
against accused Nos.1 to 10. No doubt, it is also
mentioned in the FIR as other local Muslim leaders.
4. Perusing the complaint and other materials
insofar as the petitioners herein are concerned, there is
no allegation that they have participated in giving ill-
treatment and harassment to the deceased. The only
allegation which appears in the statement of witnesses
recorded during investigation is that petitioners did not
allow the complainant to take the dead body of the
deceased to their native place and they insisted that it is
to be buried at the said place as per the Muslim
customs. On the basis of such statement by the
witnesses, though the names of the petitioners were not
figured either in the complaint or in the FIR, they came
to be arrayed as accused Nos.11 and 12.
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5. Looking into the materials placed on record,
at the most the petitioners are responsible for the
alleged offence under Section 201 of IPC for screening
the evidence, but so far as the main incident and for the
offence under Sections 302 and 506 of IPC are
concerned, there is no material as against the
petitioners. Petitioners have contended in the petition
that they are innocent and not involved in committing
the alleged offences and there is false implication.
Petitioners have also undertaken to abide by any
conditions to be imposed by this Court. Hence, looking
into these materials, I am of the opinion that it is a fit
case to exercise discretion in favour of the petitioners
and to release them on bail.
6. Accordingly, petition is allowed. The
respondent-Police is directed to enlarge the present
petitioners on bail in the event of their arrest for the
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alleged offence punishable under Sections 498A, 302,
506, 201 read with 149 of IPC and under Sections 3 and
4 of Dowry Prohibition Act, registered in respondent
police station Crime No.225/2017, subject to the
following conditions:
i. Petitioners shall execute a personal bond
for Rs.1,00,000/- each and shall furnish
one surety for the likesum to the
satisfaction of the arresting authority.
ii. Petitioners shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioners have to make themselves
available before the Investigating Officer
for interrogation, as and when called for
and to cooperate with the further
investigation.
iv. Petitioners have to appear before the
concerned Court within 30 days from the
date of this order and to execute the
personal bond and the surety bond.
Sd/-
JUDGE
BSR
