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CRL.P No. 12422 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON’BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12422 OF 2023
BETWEEN:
1. MISHAL AHAMED
S/O ALTE MOHAMMED ISMAIL
AGED ABOUT 30 YEARS
R/AT SHABANA MANZIL
KUMPALA BYPASS, THOKKOTTU
MANGALURU, D.K. DISTRICT – 575 022.
2. BASHEER @ MOHAMMAD ISMAIL
S/O P. AHAMMED
AGED ABOUT 44 YEARS
R/AT 2-45 (C) 7 KUMPALA BYPASS
SOMESHWARA, KOTE KARU POST
MANGALURU, D.K. DISTRICT – 575 022.
…PETITIONERS
(BY SRI LETHIF B, ADV.)
AND:
Digitally signed
by NANDINI
MS THE STATE OF KARNATAKA
Location: HIGH REPRESENTED BY
COURT OF MANGALURU WOMEN POLICE
KARNATAKA
STATION, D.K. DISTRICT
REP BY SPP, HIGH COURT
BUILDING, BANGALORE – 560 001.
…RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P FILED U/S 438 CR.PC PRAYING TO RELEASE THEM
ON BAIL IN THE EVENT OF ARREST IN CR.NO.99/2023 OF
MANGULARU WOMEN POLICE STATION, D.K. DISTRICT, FOR THE
OFFENCE P/U/S 498A, 323, 354, 506, 109 OF IPC AND SEC. 3 AND 4
OF D.P. ACT AND SEC. 4 OF MUSLIM WOMEN (PROTECTION OF
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CRL.P No. 12422 of 2023
RIGHTS ON MARRIAGE) ACT 019 AND SEC. 67(A) OF I.T. ACT,
PENDING ON THE FILE OF III JMFC COURT, D.K. DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Accused nos.1 3 in Crime No.99/2023 registered by
Mangaluru Women Police Station, Dakshina Kannada District for
the offences punishable under Sections 498A, 323, 354, 506,
109 of IPC, Sections 3 4 of Dowry Prohibition Act, 1961,
Section 4 of the Muslim Women (Protection of Rights on
Marriage) Act, 2019 and Section 67(A) of the Information
Technology Act, 2008, are before this Court under Section 438
of Cr.P.C.
2. Heard the learned Counsel appearing for the
parties.
3. FIR in Crime NO.99/2023 was registered by
Mangaluru Women Police Station, Dakshina Kannada District
against the petitioner and two others for the aforesaid offences
on the complaint of Ayisha Samra W/o Mishal Ahammad, who is
the wife of the petitioner no.1. Apprehending arrest in the said
case, the petitioner had filed Crl.Misc.964/2023 filed before the
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Trial Court was dismissed as against them on 23.11.2023.
Therefore, they are before this Court.
4. Learned counsel appearing for the petitioners
having reiterated the grounds urged in the petition prays to
allow the petition.
5. Per contra, learned HCGP appearing for respondent
– State has opposed the bail application.
6. From a reading of complaint averments it is seen
that, the marriage of the complainant was solemnized on
26.06.2022 as per customs prevailing in their community. It is
alleged in the complaint that at the time of marriage, the
complainant and her family members had paid dowry to the
petitioner. In spite of the same, the petitioner and his family
members had demanded additional dowry. The grievance of the
complainant is that for the last about one and half year, she
has been staying in her parents house as she has not paid
additional dowry as demanded. It is averred in the complaint
that she was staying in her parents house as per request made
by the petitioner. It is averred that elder brother of the mother-
in-law of the complainant had tried to outrage her modesty
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when she was alone at home. Further, they had threatened to
circulate the complainant’s obscene photos and videos on social
media. It is also alleged that on 16.09.2023, when the
complainant had gone go the house of accused persons and
requested to take her back, the accused persons allegedly had
abused and assaulted her and it is in this background, the
complaint was lodged on 21.10.2023.
7. From a reading of complaint averments it is seen
that, the complainant had stayed in the matrimonial house
after her marriage only for a short period. Thereafter, she had
returned to her parents house. In the complaint, it is averred
that for last about one and half year she has been staying in
her parents house. Considering the said aspect of the matter,
the allegation made in the complaint prima-facie becomes
doubtful. Under the circumstances, I am of the view that the
prayer made by the petitioners for granting the discretionary
relief of anticipatory bail is required to be answered
affirmatively.
7. Accordingly, the petition is allowed. The
respondent – Police or any other police in the State of
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Karnataka are directed to release the petitioners in the event of
their arrest in Crime No.99/2023 registered by Mangaluru
Women Police Station, Dakshina Kannada District for the
offences punishable under Sections 498A, 323, 354, 506, 109
of IPC, Sections 3 4 of Dowry Prohibition Act, 1961, Section 4
of the Muslim Women (Protection of Rights on Marriage) Act,
2019 and Section 67(A) of the Information Technology Act,
2008 subject to the following conditions:
a. The petitioners shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) each with one
surety for the likesum to the satisfaction of
the investigating officer.
b. The petitioners shall regularly
appear before the Trial Court without fail
unless exempted by the Trial Court for valid
reasons.
c. The petitioners shall not tamper
with the prosecution witness and they shall
co-operate with the police for investigation
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and appear before them whenever called
upon till filing of charge sheet.
SD/-
JUDGE
NMS
