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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OFJANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8895/2017
BETWEEN:
1. Mahaboobi
W/o Late Khaleel Khan
Aged about 62 years
Occ: Housewife.
2. Sardar Khan Razvi
S/o Late Khaleel Khan
Aged about 30 years
Both are r/at No.11074
3rd Division, 3rd Cross
Near ESI Hospital
B D Layout
Davanagere-577 001. … PETITIONERS
(By Sri C H Jadhav, Sr. Counsel
for Smt Rashmi Jadhav)
AND:
State of Karnataka
State by Women Police Station
Davanagere
Represented by its Public Prosecutor
High Court Building
Bangalore-560 001. …RESPONDENT
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(By Sri K Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 438 of the
Cr.P.C. praying to enlarge the petitioners on bail in the event
of their arrest in Cr.No.80/2017 of Women P.S., Davanagere
for the offences P/U/Ss 498(A), 302 and 304(B) read with
Section 34 of IPC and Sections 3 and 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
Nos.2 and 3 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,
304B r/w Section 34 of IPC and also under Sections 3
and 4 of the Dowry Prohibition Act registered in
respondent police station Crime No.80/2017.
2. Heard the arguments of the learned senior
counsel appearing for the leaned counsel for the
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petitioners/accused Nos.2 and 3 and also the learned
High Court Government Pleader appearing for the
respondent-State.
3. Learned senior counsel on the merits of the
case has submitted that even in the earlier bail
application it has been observed by this Court that no
overt acts are attributed against the petitioners-accused
Nos.2 and 3. Now the investigation is completed and
charge sheet is also filed. So far as the petitioner
No.2/accused No.3 is concerned, it is submitted that he
is residing separately from the other members of the
family. In this connection, he drew the attention of this
Court to the entries in the ration card. In respect of
petitioner No.1/accused No.2 he has submitted that he
is aged about 62 years. Hence, it is submitted that by
imposing reasonable conditions, petitioners may be
enlarged on bail.
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4. Per contra, learned High Court Government
Pleader during the course of his arguments submitted
that in the complaint as well as in the FIR the names of
these two petitioners are clearly mentioned. There are
allegations against the present petitioners. Earlier bail
petition has been already rejected. Referring to the
order sheet maintained by the trial Court he has
submitted that charge sheet has been filed showing
these two accused persons as absconding accused and
NBW is also issued. In view of these facts, petitioners
are not entitled to be granted with bail.
5. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
record.
6. Earlier also the petitioners herein had
approached this Court in Crl.P.No.5894/2017. This
Court by its order dated 30.8.2017 considering the
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merits of the case rejected the bail petition of the
petitioners herein observing that though no specific
overt act is attributed against the petitioners, since
petitioners have not co-operated with the investigation
officer for investigation they are not entitled to seek
relief under Section 438 of Cr.P.C.
7. When this Court looking to the conduct of the
petitioners has already opined that since they have not
co-operated with the investigation agency they are not
entitled to anticipatory bail, petitioners have to
surrender before the concerned Court and make an
application seeking regular bail.
8. Therefore, petition is hereby rejected. In case
petitioners surrender before the Court below and makes
an application seeking their release on regular bail, the
concerned Court shall consider the same on priority and
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to dispose of the same in accordance with law, as
expeditiously as possible.
Sd/-
JUDGE
bkp
