Karnataka High Court
Mohammad Salim S/O Amirsab Mujawar vs The State Of Karnataka on 27 March, 2023
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CRL.P No. 100563 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 100563 OF 2023 (438)
BETWEEN:
1. MOHAMMAD SALIM S/O AMIRSAB MUJAWAR,
AGE: 42 YEARS, OCC: PRIVATE EMPLOYEE,
R/O KALAMMA NAGAR, YELLAPUR,
DIST: UTTAR KANNADA-581359.
2. SMT. KHATUNABI W/O AMIRSAB MUJAWAR,
AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O KALAMMA NAGAR, YELLAPUR,
DIST: UTTAR KANNADA-581359.
3. MOHAMMAD JAFAR S/O AMIRSAB MUJAWAR,
AGE: 46 YEARS, OCC: PRIVATE EMPLOYEE
R/O KALAMMA NAGAR, YELLAPUR,
DIST: UTTAR KANNADA-581359.
...PETITIONERS
(BY SRI T. R. PATIL, ADVOCATE)
Digitally signed by
SUJATA SUBHASH
PAMMAR AND:
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
THE STATE OF KARNATAKA,
SIRSI NEW MARKET P S REPRESENTED BY
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD PIN-580011.
...RESPONDENT
(BY SMT.GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
CR.P.C. SEEKING TO DIRECT THE INVESTIGATING OFFICER IN
CHARGE OF NEW MARKET SIRASI POLICE STATION CRIME
NO.08/2023 (IN PRIVATE COMPLAINT NO.14/2023) IS
REGISTERED AGAINST THESE PETITIONERS FOR THE
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CRL.P No. 100563 of 2023
OFFENCES PUNISHABLE U/SEC. 498(A), 354, 323, 504, 506
AND 147 R/W 34 OF IPC TO RELEASE THESE PETITIONERS ON
ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST, IN THE
SAID CRIME.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioners who are arraigned as accused No.1 to 3 have filed this petition under Section 438 of Code of Criminal Procedure (for short, 'the Cr.P.C.') seeking anticipatory bail, contending that they are innocent of the offences alleged and they have been falsely implicated. Based on the complaint, the respondent police are threatening to arrest them. Though the offences under Sections 498A and 354 of Indian Penal Code (for short, 'the IPC') are non-bailable, they are not punishable with death or life imprisonment for life. Infact, petitioner No.2 had given a representation to Mahila Santvana Kendra on 28.12.2022 against the complainant. After which, this complaint is filed. It is alleged that the complainant was harassed from 07.11.2021 to 05.01.2023, but the -3- CRL.P No. 100563 of 2023 complaint is filed on 23.01.2023 after delay of more than one year. Petitioner No.2 is a woman and senior citizen and suffering from various ailments. Petitioners are ready to abide by any conditions that may be imposed and prays to allow the petition.
2. On the other hand, learned High Court Government Pleader submitted oral objection contending that petitioner No.1 is working in Kuwait. If released on bail, there is likelihood of he absconding and thereby delaying the trial. The complaint averments discloses that at the time of marriage, all the accused persons including the petitioners demanded and received dowry in the form of cash and gold ornaments and immediately after the marriage, she was being harassed and ill-treated for additional dowry. The presence of petitioners is necessary for the purpose of investigation and prays to reject the petition.
3. Heard the arguments and perused the records. -4- CRL.P No. 100563 of 2023
4. Petitioner No.1 is the husband, petitioner No.2 is the mother-in-law and petitioner No.3 is the brother-in- law of complainant. She has chosen to file a private complaint on 23.01.2023 alleging that on 09.01.2023, she filed a complaint with the jurisdictional police, but they did not receive it. The complaint sent it through RPAD on 16.01.2023 to the Superintendent of Police, Karwar but it was also acted upon and therefore, she is forced to file the private complaint. It is referred to the jurisdictional police under Section 156(3) Cr.P.C. for investigation. After which, case is registered in Crime No.8/2023 for the offences punishable under Sections 498A, 354, 323, 504, 506, 147 r/w 34 I.P.C.
5. Though it is stated that complainant tried to file police complaint and it was not received by the concerned police and the Superintendent of Police has also not taken any steps to register the case based on her complaint sent through RPAD, it is submitted by the learned counsel for petitioners that no proof of the same produced by the -5- CRL.P No. 100563 of 2023 complainant. She has also not filed any affidavit as required under Priyanka Srivastava and another V/s State of Uttar Pradesh and others1case.
6. Learned counsel for petitioners has produced copy of a representation dated 28.12.2023 given by petitioner No.2 to the Mahila Santvana Kendra, wherein she has made allegations that she was being harassed and ill-treated by the complainant and even when she goes to the house of other sons, she continued to follow her and gave threat of sending petitioners to jail. The offences alleged against the petitioners are not exclusively punishable with death or life imprisonment for life. The nature of the allegations are such that the custodial presence of the petitioners is not necessary. The apprehension of the prosecution that petitioner No.1 may leave the country and thereby prevent and protract the proceedings may be overcome by imposing stringent conditions. For these reasons, this Court is of the 1 (2015) 6 SCC 287 -6- CRL.P No. 100563 of 2023 considered opinion that the petitioners/accused No.1 to 3 are entitled for anticipatory bail and accordingly, I proceed to pass the following:
ORDER Petition is allowed. Petitioners/accused No.1 to 3 shall be released on bail, in the event of their arrest in Crime No.08/2023 (Private Complaint No.14/2023) of New Market Sirasi Police Station, registered for the offence punishable under Sections 498-A, 354, 323, 504, 506 and 147 r/w 34 of IPC, subject to following:
CONDITIONS
a) The petitioners/accused No.1 to 3 shall execute a personal bond in a sum of Rs.50,000/- each with two sureties for the like-sum.
b) They shall appear before the Investigating Officer within a period of 15 days and execute the bail bond and offer surety.
c) Petitioners/accused No.1 to 3 shall make themselves available for the purpose of investigation as and when required and he shall co-operate with the investigation.-7- CRL.P No. 100563 of 2023
d) Petitioners/accused No.1 to 3 shall furnish their residential address proof and shall inform the Investigating Officer/Court if there is any change in the address.
e) Petitioners shall mark their attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.
f) Petitioners/accused No.1 to 3 shall not tamper with the prosecution witnesses either directly or indirectly.
g) Petitioners/accused No.1 to 3 shall not indulge in any criminal activities.
h) Petitioners/accused No.1 to 3 shall be regular in attending the Court proceedings.
i) Petitioner/accused No.1 shall surrender his passport to the jurisdictional Magistrate i.e. trial Court. He shall not leave the country without permission of the trial Court.
SD/-
JUDGE CLK/List No.: 1 Sl No.: 23 CT-AK