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Karnataka High Court
Abdul Rahiz vs State Of Karnataka on 19 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:6948
CRL.P No. 610 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON’BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 610 OF 2024
BETWEEN:
1. ABDUL RAHIZ,
S/O K.SULAIMAN,
AGED ABOUT 22 YEARS,
R/AT D.NO.1-267,
K.H.B COLONY, KUKKUNDOOR,
NEAR TALUKA OFFICE,
KARKALA,
UDUPI DISTRICT – 576 117.
2. ASHRAF ALI,
S/O ABDUL RAZAK,
AGED ABOUT 47 YEARS,
R/AT GL-4/42, 4TH BLOCK,
KRISHNAPURA, KATIPALLA,
MANGALURU – 575 030.
Digitally signed …PETITIONERS
by SOWMYA D
Location: HIGH
COURT OF (BY SRI. S.V PRAKASH, ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY
SHO, WOMEN POLICE STATION,
MANGALURU,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.
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NC: 2024:KHC:6948
CRL.P No. 610 of 2024
2. FATHIMA SHIFA,
D/O RAHIM,
AGED ABOUT 18 YEARS,
4TH BLOCK, KRISHNAPURA,
MANGALURU, MANGALURU CITY,
KARNATAKA,
MOBILE NO. 7348983741.
…RESPONDENTS
(BY SRI. RANGASWAMY.R, HCGP FOR R1)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.97/2023 OF MANGALORE WOMEN P.S.,
MANGALURU CITY FOR THE OFFENCE P/U/S 498A,323,354,506
OF IPC AND SEC.3,4 OF D.P ACT AND SEC.4 OF THE MUSLIM
WOMEN (PROTECTION OF RIGHTS ON MARRIAGE ) ACT ON
THE FILE OF THE III J.M.F.C COURT, MANGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Looking to the facts and circumstances of the case, notice
to respondent No.2 is dispensed with.
2. This petition is filed by the petitioners/accused
Nos.1 and 3 under Section 438 of Cr.P.c., for granting
anticipatory bail in Crime No.97/2023 registered by Mangalore
Women Police Station for the offences punishable under
Sections 498A, 323, 354 and 506 of IPC, Sections 3 and 4 of
Dowry Prohibition Act and Section 4 of the Muslim Women
(Protection of Rights on Marriage) Act, 2019.
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CRL.P No. 610 of 2024
3. Heard the arguments of the learned counsel for the
petitioners and the learned HCGP for the respondent-State.
4. The case of the prosecution is that, on the compliant
of respondent No.2, the police registered FIR. It is alleged that
the petitioner after marriage started to harass physically and
mentally to bring dowry. After registering the case, the police
are making efforts to arrest the petitioners. Hence, they are
before this Court.
5. Considering the facts and circumstances that the
marriage was solemnized on 30.07.2023 and it is stated that
there was continuously harassment on her. But there is no
specific allegation in respect of what was the dowry amount
paid and what was the further demand made by the petitioners.
However, accused Nos.2 and 4 have already granted bail. When
the co-accused persons have already granted bail, these
petitioners are also entitled for bail on the ground of parity.
Accordingly, I proceed to pass the following
ORDER
Criminal petition is allowed. The respondent-Police
Station are directed to release the petitioners/accused Nos.1
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CRL.P No. 610 of 2024
and 3 on bail in the event of their arrest in Crime No.97/2023
registered by Mangalore Women Police Station for the offences
punishable under Sections 498A, 323, 354 and 506 of IPC,
Sections 3 and 4 of Dowry Prohibition Act and Section 4 of the
Muslim Women (Protection of Rights on Marriage) Act, 2019,
subject to the following conditions:
i. Petitioners shall execute a personal bond in a
sum of Rs.1,00,000/- each (Rupees one lakh
only) with a surety for the likesum to the
satisfaction of the Investigating Officer;
ii. Petitioners shall surrender themselves before the
Investigating Officer within fifteen days from the
date of receipt of a certified copy of this order;
iii. Petitioners shall appear before the Investigating
Officer every Monday for three weeks for the
purpose of investigation.
iv. Petitioners shall not indulge in any similar
offences;
v. Petitioners shall not tamper the prosecution
witnesses directly or indirectly;
vi. Petitioners shall be deemed to be in custody for
the purpose of any recovery under Section 27 of
the Indian Evidence Act, 1872; and
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CRL.P No. 610 of 2024
vii. Petitioners shall appear before the Investigating
Officer as and when called for, for the purpose of
investigation, thereafter.
Sd/-
JUDGE
VM
List No.: 3 Sl No.: 8
