Karnataka High Court
Sri P Sandeep vs The Inspector Of Police on 5 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:36418
CRL.P No. 9084 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9084 OF 2024
BETWEEN:
1. SRI P. SANDEEP
S/O LATE PRAKASH MUNISWAMY
@ M. PRAKASH
AGED ABOUT 40 YEARS
R/AT NO.390/2A, YEMALUR MAIN
ROAD, YEMALUR VILLAGE
BENGALURU - 560 037.
2. SMT. SWARNALATHA
W/O LATE M.PRAKASH
AGED ABOUT 64 YEARS
R/AT NO.390/2A, YEMALUR
MAIN ROAD, YEMALUR VILLAGE
BENGALURU - 560 037.
3. SRI P. PREETISH
S/O LATE M.PRAKASH
Digitally signed AGED ABOUT 46 YEARS
by NANDINI MS
Location: High
NO.17, 21ST PI, KIRKLAND
Court of WA 98033, USA.
Karnataka
AT PRESENT TEMPORARILY
RESIDING AT R/AT NO.390/2A
(OLD #122) YEMALUR MAIN ROAD
YEMALUR VILLAGE
BENGALURU - 560 037.
4. SMT. P. SHILPA KARNAL
W/O.MOHAMMED AMIN KARNAI
AGED ABOUT 44 YEARS
D/O.LATE M.PRAKASH
R/AT NO.309, 3RD FLOOR
SRISHTI VAIBHAV APARTMENT
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NC: 2024:KHC:36418
CRL.P No. 9084 of 2024
L.B., SHASTRI NAGAR
VIMANAPURA POST
BENGALURU - 560 017.
...PETITIONERS
(BY SRI H.R. ANANTHA KRISHNA MURTHY, ADV.)
AND:
1. THE INSPECTOR OF POLICE
WOMEN POLICE STATION
I.T CORRIDOR, GACHIBOWLI
CYBERBARA BAD, RANGAREDDY
DISTRICT, TELANGANA STATE
REP. BY STATE P.P, HIGH COURT OF
KARNATAK, BENGALURU - 560 001.
2. SMT. KIRANMAI BRINDAVANAM
W/O. SANDEEP PRAKASH
AGED ABOUT 38 YEARS
R/AT FLAT NO.D1 HANUHAR
RHYDHOM, OPP. GANDHI PARK
MAIN GATE, MANIKONDA CYBER
BAD, TELANGANA - 500 058.
3. THE POLICE INSPECTOR
HAL POLICE STATION
BENGALURU - 4560 037
REP BY STATE P.P
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
PRAYING TO GRANT TRANSITORY ANTICIPATORY BAIL TO THE
PETITIONERS TILL FILING OF THE ANTICIPATORY BAIL BEFORE THE
COMPETENT COURT IN RANGAREDDY DISTRICT IN WPS IT
CORRIDOR, GACHIBOWLI, CYB IN CR.NO.121/2024 FOR THE
OFFENCE P/U/S 85,351,352 DR/W 3(5) OF BNSS ACT R/W 3 AND 4
OF D.P ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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NC: 2024:KHC:36418
CRL.P No. 9084 of 2024
ORAL ORDER
1. Accused nos.1 to 4 in Crime No.121/2024 registered by WPS-IT Corridor (Cyberabad) Police Station, Cyberabad District of Telangana State, for the offences punishable under Sections 85, 351, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, are before this Court under Section 482 of Bharatiya Nagarika Nyaya Sanhita, 2023, seeing transit anticipatory bail.
2. Heard the learned Counsel for the petitioners and the learned HCGP for the respondent.
3. FIR in Crime No.121/2024 has been registered against the petitioners herein on the basis of the first information received from Smt. Kiranmai Brundavanam who is the wife of petitioner no.1. Petitioners apprehend that they are likely to be arrested by WPS-IT Corridor (Cyberabad) Police Station, or any other police, on their way to Cyberabad, to make necessary application before the jurisdictional Sessions Court seeking anticipatory bail. It is under these circumstances they are before this Court with a prayer to grant them transit anticipatory bail and give interim protection to them till they -4- NC: 2024:KHC:36418 CRL.P No. 9084 of 2024 make necessary application before the jurisdictional Sessions Court seeking anticipatory bail in Crime No.121/2024.
4. Learned HCGP fairly does not seriously oppose the prayer made in the petition. However, he submits that transit anticipatory bail may be granted for a limited period only to enable the petitioners to make necessary application before the jurisdictional Sessions Court seeking anticipatory bail.
5. FIR in the present case has been registered against the petitioners for the offences punishable under Sections 85, 351, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. The alleged offences are triable by the Court of Magistrate. Apprehension of the petitioners appears to be genuine, and therefore, it is necessary to give them some interim protection so as to enable them to file necessary application before the jurisdictional Sessions Court seeking anticipatory bail in Crime No.121/2024 registered by WPS-IT Corridor (Cyberabad) Police Station. Accordingly, the following order:
6. Petition is allowed. Petitioners are granted transit anticipatory bail for a period of three weeks from the date of -5- NC: 2024:KHC:36418 CRL.P No. 9084 of 2024 receipt of the certified copy of this order, so as to enable them to make necessary application before the jurisdictional Sessions Court seeking anticipatory bail in Crime No.121/2024 registered by WPS-IT Corridor (Cyberabad) Police Station, Cyberabad District of Telangana State, for the offences punishable under Sections 85, 351, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, and in the event of their arrest in the above crime by the respondent-Police or any other police, they shall be released subject to the following conditions:
a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer;
b) Petitioners shall not tamper with the prosecution witness.
SD/-
(S VISHWAJITH SHETTY) JUDGE KK