SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Hameed K A vs State Of Karnataka on 20 March, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.1103/2018

BETWEEN:

HAMEED K.A
S/O ALI K.A.,
AGED ABOUT 31 YEARS,
R/AT HODAVADA VILLAGE,
PALOOR POST,
MADIKERI TALUK,
KODAGU DISTRICT-571 223.
…PETITIONER

(BY SRI D.P.PRASANNA, ADVOCATE)

AND:

STATE OF KARNATAKA
BY NAPOKLU POLICE,
REP. BY SPP,
HIGH COURT BUILDING,
BENGALURU-560 001.
… RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRL.P FILED UNDER SECTION 439 CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.160/2017 OF NAPOKLU P.S., KODAGU DISTRICT
2

FOR THE OFFENCE P/U/S 498A, 313 R/W 34 OF IPC AND
SEC.3, 4 OF D.P ACT.

THIS CRL.P.COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

ORDER

This is a petition filed under Section 439 of Cr.P.C.

The petitioner is accused No.1 in Crime No.160/2017

registered by the respondent-Police in relation to

offences punishable under Sections 498A and 313 read

with Section 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961.

2. Heard the petitioner’s counsel and learned High

Court Government Pleader for the respondent-State.

3. The petitioner’s wife Raziya Begum K.Y made a

complaint about physical and mental torture on her by

the petitioner and his family members. She alleged that,

she was forced to take some tablets to see that her

pregnancy would be aborted. She also made another
3

allegation that she was forced to bring Rs.15,00,000/-

from her parents house.

4. The petitioner’s counsel submits that there were

some differences between the husband and wife and

they approached local Juma Masjid for conciliation. The

conciliation did not take place and all efforts of the

elders to bring them together failed. On 6.10.2017, the

petitioner got issued a legal notice to the complainant

disclosing his intention to take divorce from her. In para

4 of this notice, it is clearly stated that the complainant

herself got her pregnancy terminated. Therefore, in view

of this notice, it can be said that there are false

allegations against the petitioner. It is also seen that the

complaint was made after notice was issued to her.

Charge sheet is filed and therefore, the petitioner can be

released on bail.

4

5. Learned High Court Government Pleader for the

respondent-State opposes the grant of bail.

6. The petitioner’s notice to the complainant was

issued on 6.10.2017. The charge sheet discloses that

the complaint was made on 23.11.2017. Therefore,

truth in the allegations made in the complaint against

the petitioner have to be proved before the Court. More

over, investigation is completed and the presence of the

petitioner is no longer necessary for any purpose.

Therefore, petition can be allowed. Hence, the following

ORDER

Petition is allowed,

The petitioner shall be released on bail in

connection with Crime No.160/2017 registered by

respondent-Police on his executing a bond for a sum of

Rs.50,000/- (Rupees Fifty Thousand only) with one

surety for the likesum to the satisfaction of the trial
5

Court. The petitioner is subjected to the following

conditions:

(i) He shall attend the Court regularly on
all hearing dates;

(ii) He shall not threaten the witnesses
and tamper with the prosecution
evidence.

sd/-
JUDGE

PB

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation