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Judgments of Supreme Court of India and High Courts

Vazir Ahmed Shariff vs The State Of Karnataka on 19 April, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF APRIL, 2017

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.953/2017

BETWEEN:
Vazir Ahmed Shariff,
S/o. Meer Ahmed Shariff,
Aged about 28 years,
R/o. No.14-15, 4th Cross,
Nethaji Road,
Manorayanna Palya,
R.T.Nagar,
Bengaluru – 560005. …Petitioner

(By Sri Srikanth Patil K. Advocate)

AND:

The State of Karnataka by
Hebbala Police Station,
Bengaluru.

Represented by
State Public Prosecutor,
High Court Building,
Bengaluru – 560 001. …Respondent

(By Sri B. Visweswaraiah, HCGP)
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This petition is filed under section 438 of Cr.P.C.,
praying to enlarge the petitioner on bail in the event of
his arrest in Crime No.265/2016 of Hebbala P.S.,
Bangalore for the offences P/U/S 504, 498(A), 506, 323
and 420 R/w 34 of IPC and Section 3 and 4 of D.P.Act.

This petition coming on for orders this day, the
Court made the following:

ORDER

Heard the learned counsel for the petitioner and

learned HCGP for the respondent.

2. The petitioner has approached this court

under section 438 of Cr.P.C., seeking anticipatory bail

in Cr.No.265/2016 registered by the respondent -Police

on the basis of the complaint lodged by his wife alleging

offences punishable under sections 498A, 504, 506, 323

and 420 R/w Section 34 of Indian Penal Code.

3. Following the guidelines laid down by the

Hon’ble Supreme Court in the case of ARNESH KUMAR

vs. STATE OF BIHAR Another (AIR 2014 SC 2756) that

the State cannot automatically arrest when a case
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under section 498A of Indian Penal Code is registered

but to satisfy themselves about the necessity for arrest

under the parameters laid down above flowing from

section 41 Cr.P.C., the petition deserves to be allowed.

The other charges leveled against the petitioner are

minor offences in respect of which petitioner is entitled

to bail as of right.

4. Hence, the criminal petition is allowed

subject to the following conditions:-

a) The petitioner is directed to appear
before the Investigating Officer within
fifteen days from the date of this
order and on his appearance, the
Investigating Officer shall interrogate
the petitioner and shall release him
on bail on obtaining a bond for a sum
of Rs.1,00,000/- (Rupees One Lakh)
with one surety for the likesum to the
satisfaction of the Investigating
Officer.

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b) Petitioner shall not threaten or allure
the prosecution witnesses in
whatsoever manner.

c) The petitioner shall co-operate in the
investigation.

d) The petitioner shall not involve in
similar offences.

e) Petitioner shall mark his attendance
in Hebbal Police Station on the last
Sunday of every calendar month until
submission of the Final Report.

SD/-

JUDGE

PN/-

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