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Wajidulla Khan vs State By Kumaraswamy Layout P.S. on 6 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4577/2018

BETWEEN:

1. Wajidulla Khan
S/o Mohemad Khan Sahib,
Aged about 71 years,

2. Smt. Rahamathunissa
W/o Wajidulla Khan,
Aged about 66 years,

The petitioner Nos.1 and 2 are
R/at No.H-51, 1st Cross, Left Side,
Near New BSNL Exchange Office Road,
New Colony, Badravathi,
Shimoga District – 577 301.

3. Kaleem @
Mohammed Ifthikar Kaleem,
S/o Mohammed Khaleem Ur Rehman,
Aged about 55 years,

4. Ayesha Sultana
W/o Kaleem @
Mohammed Ifthikar Kaleem,
Aged about 45 years,
2

The petitioner Nos.3 and 4 are R/at
No.1/12, Flat-C, Ground Floor,
Surya Enclave Apartment, 8th Main,
BTM Layout, 1st Stage,
Opp. KEB Transformer,
Dharmaram College,
Bengaluru South,
Bengaluru – 560 029. …Petitioners

(By Sri. Mohan B.K., Advocate)

AND:

State by Kumaraswamy Layout P.S.
Rep by Special Public Prosecutor,
High Court of Karnataka,
Bengaluru – 560 001. …Respondent

(By Sri.S. Vishwamurthy, HCGP)

This Criminal petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.79/2018 of
Kumarswamy Layout Police Station, Bengaluru City for
the offence punishable under
Sections 498A, 313, 323,
405 r/w 34 of IPC and Section 3, 4 of DP Act.

This Criminal petition coming on for Orders, this
day, the court made the following:

ORDER

Petitioners have sought for an anticipatory bail in

Crime No.79/2018 registered under Sections 498A, 313,
3

323, 405 read with Section 34 of IPC and Sections 3 and

4 of Dowry Prohibition Act,1961.

2. Heard the learned counsel for the petitioners

and learned HCGP.

3. Petitioner No.1 (accused No.2) is the father-

in-law, petitioner No.2 (accused No.3) is the mother-in-

law and petitioner No.3 (accused No.4) is the brother-in-

law and petitioner No.4 (accused No.5) is the sister-in-

law of the complainant.

4. The marriage between the complainant and

accused No.1 was held on 07.05.2015. It is alleged that

after the marriage, the complainant was ill-treated by her

husband and the petitioners herein by making demand

for additional dowry. It is further alleged that on

07.09.2016, when the complainant was in her mother’s

house, accused No.1 forced her to take MISOLUP 200

tablets in order to cause miscarriage.
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5. Undisputedly, the allegation of Section 313 of

Cr.P.C. are directed against accused No.1. In so far as

other allegations are concerned, it is relevant to note that

the complaint does not cite any specific instance of

alleged cruelty or harassment. The allegations of dowry

demand is required to be established during trial. There

is inordinate delay of 18 months in lodging the complaint.

According to the complainant, when the tablets were

administered to her, she was in her parent’s house, which

indicate that the complainant was not residing in her

matrimonial home. Custodial interrogation of the

petitioners is not necessary for the purpose of

investigation.

6. Accordingly, criminal petition is allowed. The

petitioners are directed to appear before the Investigating

Officer within 15 days from the date of this order and on

their appearance, the Investigating Officer shall

interrogate the petitioners and shall enlarge them on bail

on the same day subject to the following conditions:-
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a. The petitioners / accused Nos.2, 3, 4

and 5 shall furnish a bond for Rs.1.00
lakhs (Rupees One lakh only) each with
two sureties each for the likesum to the
satisfaction of the Investigating Officer;

b. The petitioners shall appear before the
Investigating Officer as and when
required;

c. The petitioners shall cooperate in the
investigation;

d. The petitioners shall not threaten or
allure the prosecution witnesses; and

e. The petitioners No.3 and 4 shall mark
their attendance in Kumaraswamy
Layout Police Station, Bengaluru on 15th
of every calendar month until
submission of the final report.

Sd/-

JUDGE
UN/SSD

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