Karnataka High Court
Mohammed Farooq vs State By Devarjeevana Halli P.S on 3 July, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2020
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.3028 OF 2020
BETWEEN :
1. MOHAMMED FAROOQ
S/O MOHAMMED JALEEL
AGED ABOUT 53 YEARS
2. UMME KHAIR
W/O MOHAMMED FAROOQ
AGED ABOUT 43 YEARS
SL. NOS. 1 TO 2 R/A NO.B-005
N.R.INFINITE
GREENWOOD APARTMENTS
C.L. RAMAIAH LAYOUT
SHAMPUR MAIN ROAD
L.R.GANDE
BANGALORE-560 032 ... PETITIONERS
(BY SHRI. ANEES ALI KHAN, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND:
STATE BY DEVARJEEVANA HALLI P.S
BANGALORE-560 045
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDINGS
BANGALORE-560 001 ... RESPONDENT
(BY SHRI.R.D.RENUKARADHYA, ADVOCATE)
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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 CR.NO.136/2020 REGISTERED BY
DEVARAJEEVANA HALLI POLICE STATION, BENGALURU FOR THE
OFFENCE P/U/S 506, 498A, 504, 323, 343 R/W 34 OF IPC AND
SECTION 2 AND 4 OF D.P ACT AND SECTION 4 OF THE MUSLIM
WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:-
ORDER
This petition under Section 438 of Cr.P.C., is filed seeking anticipatory bail by accused No.2 & 3 in FIR No.136/2020, registered in Devarajeevanahalli Police Station, for the offences punishable under Sections 3 & 4 of Dowry Prohibition Act, 1961, Section 4 of the Muslim Women(Protection of Rights on Marriage) Act, 2019 and Sections 506, 34, 498A, 504, 323 & 343 of IPC.
2. One Smt.Aimen Shazin filed a complaint in Devarajeevanahalli Police Station on 08.06.2020 stating that her husband Mohammed Tariq Imran and in laws were harassing her with demand for dowry. It is further alleged in the complaint that complainant was stopped from going to work. She came to know that her husband has an illegal relationship with another lady. On 23.01.2020, she was 3 driven out of her matrimonial home and thereafter she is residing in her parents' house. On 21.04.2020, the husband of the complainant came near her parental home, abused & harassed her, threatened her with dire consequences and pronounced 'talaq' for three times. With all these allegations, the instant complaint is filed.
3. Heard Shri Anees Ali Khan, learned advocate for petitioners and Shri Renukaradhya, R.D., learned HCGP for the State.
4. Shri Anees Ali Khan submitted that petitioners are parents in law of the complainant and they are innocent. A false case has been foisted against the petitioners in order to harass them. Accordingly, he prayed for grant of bail to them by allowing this petition.
5. Learned HCGP argued opposing the petition.
6. I have carefully considered rival submissions and perused the material on record.
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7. In the complaint registered on 08.06.2020, it is stated that complainant's husband abused her on 21.04.2020 and pronounced 'talaq' for three times. Though it is argued by the learned HCGP that complaint contains allegations of assault by the petitioners herein, the said allegation is alleged in the month of January, 2020 whereas complaint is given in the month June, 2020. The main allegation is against the husband who is alleged to have threatened the complainant and pronounced 'talaq' on 21.04.2020. The complainant is staying in her parents' house. Keeping in view the facts and circumstances of the case, in the opinion of this Court, it would be just and appropriate to grant bail to the petitioners by imposing stringent conditions. Hence, the following:
ORDER
(i) In the event of arrest or voluntary surrender of petitioners before the jurisdictional Police or Magistrate on or before 30th July 2020, they shall be released on bail upon each of them executing a self bond for a sum of Rs.50,000/- (Rupees Fifty thousand) with two sureties for the like sum for each accused to the satisfaction of the 5 Investigating Officer or jurisdictional Magistrate;
(ii) Petitioners shall join investigation and fully cooperate with the investigating officer and appear before him as and when called upon;
(iii) Petitioner No.1-Mohammed Farooq shall mark his attendance before the jurisdictional Police on third Sunday of every month between 10.00 a.m. & 12.00 p.m till the charge sheet is filed;
(iv) Petitioners shall not leave Bengaluru without prior permission of jurisdictional Magistrate till charge sheet is filed;
(v) Petitioners shall not tamper with the evidence;
(vi) Petitioners shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or Investigating Officer;
(vii) Petitioners shall not involve themselves in any criminal activities; and 6
(viii) If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.
Sd/-
JUDGE Yn.