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CRL.P No. 201788 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON’BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201788 OF 2023 (438)
BETWEEN:
1. MR. MOHAMMED IRFAN
S/O MD. YOUSUF
AGE 29 YEARS OCC: BUSINESS
R/O AKBAR BAGH COLONY NEAR TIPU SULTAN CHOWK
KALABURAGI PIN-585104.
…PETITIONER
Digitally
(BY SRI. MAHANTESH H. DESAI, ADVOCATE)
signed by
KHAJAAMEEN
L MALAGHAN AND:
Location: High
Court Of
Karnataka
1. THE STATE OF KARNATAKA
THROUGH KALABURAGI CITY WOMEN P.S.
REPRESENTED BY ADDITIONAL SPP.
HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH-585102.
…RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO DIRECT THE CONCERNED POLICE
TO RELEASE THE ACCUSED PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CRIME NO.150/2023 OF
KALABURAGI CITY WOMEN P.S. FOR OFFENCES
PUNISHABLE UNDER SECTIONS 498A, 323, 324, 504, 506 AND
307 READ WITH 34 OF IPC, PENDING BEFORE I ADDL. CJ (JR.
DN) AND JMFC, GULBARGA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner – accused No.1
under Section 438 of Cr.P.C., seeking anticipatory bail in
Crime No.150/2023 registered by the Kalaburagi City
Women Police Station, for the offences punishable under
Sections 498A, 323, 324, 504, 506 and 307 read with
Section 34 of IPC.
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02. The case of the prosecution is that on the
complaint of one Naziya Hassan the wife of this petitioner
filed the complaint before the police on 21.11.2023
alleging that she was married to this petitioner on
11.11.2012. At the time of marriage the gold of 30 tolas of
gold was given and house hold materials for Rs.5,00,000/-
and totally spent Rs.20,00,000/-. On 17.02.2022 at 10.35
p.m. the accused persons are said to be harassed her by
suspecting her fidelity as she is talking with her family
members and parents. They insisted not to talk with them
and not allowed to come to their house. Again on
21.04.2023 at 11.50 p.m. once again the accused persons
are harassed her. On 22.10.2023 at 10.30 p.m. once
again all the accused including this petitioner picked up
quarrel and assaulted her by abusing her in filthy
language. On 31.10.2023 at 12.15 p.m. when this
petitioner was talking with some other woman, the
complainant questioned him. At that time the petitioner is
said to be assaulted with belt on her head and on body.
That on 06.20 p.m. the accused No.2 mother of this
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petitioner is said to be trying to strangulate her with the
help of the rope and attempted to commit the murder.
Hence, she has escaped from the house, went to the
hospital and took the treatment and filed a complaint on
21.11.2023.
03. The bail petition filed by all the accused persons
before the Sessions Court for anticipatory bail, which was
allowed in part and the petition of this petitioner was
rejected, whereas other accused persons are granted
anticipatory bail. Hence, the petitioner is before this Court.
04. Having heard the arguments and on perusal of
the records it reveals that there is a matrimonial dispute
between the accused persons and respondent No.2
continuously from February – 2022 to October – 2023. The
present petitioner is said to be assaulted the complainant
with belt, when she questioned him, why he is talking with
someone, suspecting that he is talking with the girlfriend.
But in the evening at 06.20 p.m. the accused No.2 –
mother of the petitioner is said to be tried to strangulate
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her with the rope. Somehow, she has escaped and went to
the hospital and took the treatment. But the complaint
was lodged on 21.11.2023. There is 21 days delay in
lodging the complaint. The main allegation goes against
the accused No.2 – mother of this petitioner, who was
attempted to commit the murder of the complainant with
the rope by strangulating, who has been granted bail by
the learned Sessions Judge. The allegation against this
petitioner is only he has assaulted with the belt on the
head and on the body of the complainant.
05. Considering the facts and circumstances of the
case, I am of the view that if the anticipatory bail is
granted to the petitioner, by imposing certain stringent
conditions, no prejudice would be caused to the
prosecution case. Accordingly, I proceed to pass the
following;
ORDER
The petition filed by the petitioner is hereby allowed.
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The respondent – police are directed to release the
petitioner – accused No.1 on bail in the event of his arrest
in Crime No.150/2023 registered by Kalaburagi City
Women Police Station, for the offences punishable under
Sections 498A, 323, 504, 506 and 307 read with Section
34 of IPC, subject to the following conditions:
(i) Petitioner shall execute personal bond for
a sum of Rs.2,00,000/- with a surety for
the likesum to the satisfaction of the
Investigating Officer;
(ii) Petitioner shall surrender before the
Investigating Officer within 15 days from
the date of receipt of certified copy of
this order;
(iii) Petitioner shall not indulge in similar
offences strictly;
(iv) Petitioner shall not directly or indirectly
tamper with any of the prosecution
witnesses;
(v) Petitioner shall be deemed to be in
custody for the purpose of recovery
under Section 27 of the Indian Evidence
Act.
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(vi) Petitioner shall appear before the
Investigating Officer and mark his
attendance on every Monday between
10.00 a.m. and 4.00 p.m. for a period of
03 months or till filing of the charge
sheet, whichever is earlier.
Sd/-
JUDGE
KJJ
List No.: 1 Sl No.: 13
