Karnataka High Court
Mohammad Nazeem vs The State Of Karnataka on 10 October, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:36864
CRL.P No. 9185 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9185 OF 2023
BETWEEN:
1. MOHAMMAD NAZEEM
S/O K.M. HASANABBA
AGED ABOUT 28 YEARS
R/AT NO 2-143, ANGARAGUDDE
KILPADY KANCHAAKERE
D.K. DISTRICT - 574 154.
2. K.M. HASANABBA
S/O LATE M H MOHAMMAD
AGED ABOUT 59 YEARS
Digitally R/AT NO 2-143, ANGARAGUDDE
signed by KILPADY KANCHAAKERE
NANDINI MS
D.K. DISTRICT - 574 154.
Location:
HIGH COURT ...PETITIONERS
OF
KARNATAKA (BY SRI LETHIF B, ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY MANGALURU
WOMEN POLICE STATION
DAKSHINA KANNADA DISTRICT
REP BY SPP HIGH COURT BUILDING
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. SOWMYA R, HCGP)
THIS CRL.P FILED U/S 438 CR.PC PRAYING TO RELEASE HIM
ON BAIL IN THE EVENT OF ARREST IN CR.NO.70/2023 OF WOMEN
POLICE STATION, MANGALURU, D.K, FOR THE OFFENCE P/U/S 498A,
354, 504, 506 R/W 34 OF IPC AND 3 AND 4 OF D.P. ACT, PENDING
ON THE FILE OF JMFC III COURT MANGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:36864
CRL.P No. 9185 of 2023
ORDER
Accused nos.1 and 2 are before this Court under Section 438 of Cr.P.C, apprehending arrest in Crime No.70/2023 registered by Mangalore Women Police Station, Mangalore City for the offence punishable under Sections 498(A), 354, 504, 506 R/w Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961.
2. Heard the learned Counsel appearing for the petitioners and learned High Court Government Pleader for respondent - State.
3. On the basis of typed complaint dated 14.08.2023 submitted by Smt. Nafiza Shireen W/o Mohammad Nazeem, who is petitioner no.1 herein, FIR in Crime No.70/2023 was registered by Mangalore Women Police Station against the petitioners herein and 7 others for the aforesaid offences. The petitioners were arrayed as accused nos.1 and 2 in the FIR. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.755/2023 before the Court of III Addl. District & Sessions Judge, D.K, Mangaluru which was dismissed on 13.09.2023. Therefore, they are before this Court. -3-
NC: 2023:KHC:36864 CRL.P No. 9185 of 2023
4. Learned counsel appearing for the petitioners submits that the alleged offences against the petitioners are triable by the Court of Magistrate. In the complaint, omnibus allegations are made and all the near relatives of petitioner no.1 have been arrayed as accused, which would go to show that false complaint is filed. Accordingly, he prays to allow the petition.
5. Learned HCGP appearing for respondent - State has opposed the bail application.
6. FIR in Crime No.70/2023 is registered by Mangalore Women Police Station against the petitioners herein and 7 others for the aforesaid offences. A perusal of the complaint would go to show that omnibus allegations have been made in the detail typed complaint which was filed on 14.08.2023.
7. From a perusal of complaint averments it is seen that, prior to filing of present complaint, the complainant had approached the police on 04.08.2023 and the police had summoned petitioner no.1 herein and allegedly petitioner no.1 had assured to return the gold jewellery of the complainant. Since he had not stood by his assurance, the complainant had -4- NC: 2023:KHC:36864 CRL.P No. 9185 of 2023 thereafter approached the police once again on 14.08.2023 and lodged a detailed complaint which had resulted in registering FIR in Crime No.70/2023. Having regard to the averments made in the complaint that the complainant had earlier approached the police on 04.08.2023 and filed a complaint, a serious doubt arises with regard to genuineness of omnibus allegation made in the present complaint against the accused. If the complainant had made all these allegations in her earlier complaint dated 04.08.2023, the police would have registered a criminal case against the accused person based on such complaint. The very fact that the police had not registered a case against the accused person based on the earlier complaint of the complainant, a serious doubt arises with regard to genuineness of the allegation made in the present complaint.
8. The offences alleged in the FIR are all triable by the Court of Magistrate. Accused no.3 has been granted relief of anticipatory bail and accused nos.4 to 9 were released on bail under Section 437 of Cr.P.C,. Under these circumstances, I am of the view that the prayer made by the petitioners for grant of the discretionary relief of anticipatory bail is required to be answered affirmatively.
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NC: 2023:KHC:36864 CRL.P No. 9185 of 2023
9. Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.70/2023 registered by Mangalore Women Police Station, Mangalore City for the offence punishable under Sections 498(A), 354, 504, 506 R/w Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961 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 petitioner shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and -6- NC: 2023:KHC:36864 CRL.P No. 9185 of 2023 appear before them whenever called upon till filing of charge sheet/final report.
SD/-
JUDGE NMS