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2022 DIGILAW 939 (KAR)

Asif Khan v. State

2022-07-21

H.P.SANDESH

body2022
JUDGMENT 1. This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners/accused on bail, in the event of their arrest in respect of Crime No. 25/2022 registered by Hassan Women Police Station, Hassan, for the offences punishable under Sections 498-A, 323, 504, 307, 114 and 506 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 the learned High Court Government Pleader appearing for the respondent-State. 3. The factual matrix of the case of the prosecution is that the marriage of the victim was performed with the accused No. 1 ten years ago and in the said wedlock, she gave birth to two children. It is alleged in the complaint that she was subjected to both mental and physical harassment and all of them joined together and disconnected electricity and caused inconvenience to the victim. That on 18.04.2022, her husband and also mother-in-law suddenly trespassed the house and both of them holding her hands and also neck made an attempt to commit murder and assaulted and kicked her on chest and also abdomen. When she escaped from the said blow, the husband brought the chopper from the kitchen and tried to assault and inflict injury on the left hand and when she escaped from the said blow and came out from the house, both of them ran away from the place in two wheeler and panchayath was held and case was also filed in Crl.Misc.No. 255/2021 claiming maintenance and instead of providing maintenance, subjected her for both mental and physical harassment and hence, invoked the offence under Sections 498-A, 323, 504, 307, 114 and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 4. Learned counsel appearing for the petitioners would submit that mother-in-law had filed the complaint against the complainant on 02.06.2022 when she made attempt to trespass the house. The counsel also would submit that legal notice was issued on 20.05.2022 and original suit was also filed which is numbered as 11/2021 and after thought, the present complaint is filed on 17.05.2022 and roped all the family members, including the daughters and their respective husbands. Hence, the petitioners are entitled for bail. 5. The counsel also would submit that legal notice was issued on 20.05.2022 and original suit was also filed which is numbered as 11/2021 and after thought, the present complaint is filed on 17.05.2022 and roped all the family members, including the daughters and their respective husbands. Hence, the petitioners are entitled for bail. 5. Per contra, learned High Court Government Pleader for the respondent-State would submit that specific overt act allegation is made against accused Nos. 1 and 2 that they assaulted the complainant. In support of his argument, he also relied upon the wound certificate which discloses three injuries which are simple in nature. He also would submit that an attempt is made to take away the life which chopper and the injured has escaped from the said blow. Hence, there is a prima facie against the petitioners herein. 6. Having heard the respective counsel and also on perusal of the material available on record, accused Nos. 1 to 6 are the family members including the son-in-laws' and accused Nos. 1 and 2 are the husband and mother-in-law and no doubt, in the complaint, specific overt act allegation is made against the husband and mother-in-law and injuries are also simple in nature and those injuries are only tenderness. Hence, taking note of the accusation made in the complaint, gravity of the offence, nature of injuries and also the fact that the marriage has taken place ten years ago and having two kids and the dispute is also pending before the Court, since the complainant also filed criminal miscellaneous petition claiming maintenance and original suit is also filed by the respondent, it is a fit case to exercise the powers under Section 438 of Cr.P.C. in favour of the petitioners, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:- ORDER The petition is allowed. Hence, I pass the following:- ORDER The petition is allowed. Consequently, the petitioners shall be released on bail, in the event of their arrest in connection with Crime No. 25/2022 registered by Hassan Women Police Station, Hassan, for the offences punishable under Sections 498- A, 323, 504, 307, 114 and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:- (i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like- sum to the satisfaction of the concerned Investigating Officer. (ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses. (iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for. (iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier. (v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.