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Judgments of Supreme Court of India and High Courts

Sri Syed Ashfaq Ahammedkalenvar vs State By Women Psi on 20 April, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRL.P NO.2168 OF 2018

BETWEEN:

1. SRI SYED ASHFAQ AHAMMEDKALENVAR
S/O MAKBOOL SAAB KALENAVAR
AGED ABOUT 34 YEARS
BUSINESS

2. SMT RIZIYA BEGUM
W/O MAKBOOL SAAB KALENAVAR
AGED ABOUT 56 YEARS
HOSEHOLD WORD AND D GROUP EMPLOYEE

3. RIYAZ AHAMMAED
S/O MAKBOOK SAAB KALENAVAR
AGED ABOUT 37 YEARS
BUSINESS

ALL ARE R/O SHETTAR COLONY
BENAGERE-KESHAVAPURA
HUBBALLI CITY
HUBLI DHARWAD DISTRICT-580009
… PETITIONERS

(BY SRI: C GOPALAKRISHNA MURTHY, ADV)

AND:

STATE BY WOMEN PSI
WOMEN POLICE STATION
DAVANGERE
2

REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001
… RESPONDENT

(BY SRI:S VISHWA MURTHY, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C
PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE
EVENT OF THEIR ARREST IN CRIME NO.183/2017 OF WOMEN
POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 498A, 323, 114, 313, 504,
506 READ WITH 34 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.

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

ORDER

This is a petition under Section 438 Cr.P.C. The

petitioners have expressed fear of arrest by the respondent-

police in connection with Cr.No.183/2017 registered for the

offences punishable under Sections 498A, 323, 504, 506, 114,

313 read with 34 IPC and Sections 3 and 4 of DP Act.

2. The complaint was made by a woman called

Samreen taz, the wife of first petitioner stating that at the
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time of her marriage with the first petitioner on 13.08.2017,

dowry in the form of cash of Rs.3,00,000/- and gold and silver

items worth Rs.1,50,000/- were given to the petitioners. In

addition, household articles were also given. Two months

after the marriage, the petitioners started harassing her

stating that she should bring additional dowry from her

parents house. On 14.10.2017 she was driven out of the

house. It is also further alleged that on 05.11.2017,

petitioners went to the house of complainant’s parents and

assaulted her. She was also asked to bring dowry, otherwise,

she should get divorce from the first petitioner. It is alleged

specifically that the complainant was forced to take some pills

for aborting her pregnancy.

3. A bare reading of the complaint does not inspire

confidence to believe the truth in it. Of course, there are

allegations against the petitioners, but unless the police

investigate into the matter, the complaint as such cannot be

believed apparently. The fear expressed by the petitioners of

being arrest appears to be reasonable and well founded.

Moreover, petitioner No.2 is a woman, aged about 56 years.
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Therefore, for these reasons, the anticipatory bail can be

granted. Therefore, the following:

ORDER

Petition is allowed.

In the event of arrest of petitioners by the
respondent-police station in connection with Crime
No.183/2017, they shall be released on bail on
obtaining from them a personal bond for
Rs.50,000/- (Rupees Fifty Thousand only) each
and one surety for the likesum to the satisfaction
of Investigation Officer. The petitioners are also
subjected to the following conditions:

(i) They shall co-operate with the
Investigating Officer during investigation;

(ii) They shall not leave jurisdiction of the
trial Court till investigation is over;

(iii) They shall not tamper with the evidence
collected by the investigating officer;

(iv) They shall not directly or indirectly
threaten the witnesses; and

(v) They shall mark their attendance before
the respondent-police station once in a
fortnight, preferably on Sunday in
between 09.00 am and 12.00 noon, till
the investigation is over.

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(vi) Till investigation is completed, they shall
appear before the Investigating Officer
whenever their presence is necessary for
the purpose of investigation.

Sd/-

JUDGE

*bgn/-

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