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2023 DIGILAW 1045 (KAR)

M. Abdul Khayyoom v. State of Karnataka

2023-09-01

S.VISHWAJITH SHETTY

body2023
JUDGMENT 1. Accused No.1 in Crime No.57/2023 registered by Mangalore Women police Station, Mangalore for the offences punishable under Ss. 498A, 504 and 506 of IPC and under Sec. 4 of Muslim Women (Protection of Rights on Marriage) Act, is before this Court under Sec. 438 of Cr.P.C. 2. Heard learned counsel for the parties. 3. On the complaint of Smt. Dilshad Begum, who is the wife of the petitioner here, FIR in Crime No.57/2023 was registered by Mangalore Women Police Station, Mangaluru against the petitioner for the aforesaid offences. In the complaint, it is averred that complainant's marriage was performed with the petitioner on 10/6/1996 and from the said wedlock, the couple have two children. It is alleged in the complaint that the petitioner was working in Saudi Arabia after marriage. Since there was a age difference between the petitioner and the complainant, the petitioner used to suspect the fidelity of the complainant and used to quarrel in this regard. It is further alleged that when the complainant had urine infection, the petitioner did not take her to the hospital for treatment and she was asked to go to her parents house for getting treatment. 4. On 29/9/2022, when the complainant was at her parents house, she received Talak notice and the same was refused by the complainant. Thereafter, the complainant had filed Crl.Misc.No.71/2022 seeking maintenance. On 13/6/2023, she found that the house belonging to the petitioner was leased to some one else. When the complainant enquired about the same, accused No.2 allegedly informed that the property had already been transferred to his name and directed her to take order from the Court and threatened her with dire consequences. It is in this background, a complainant was lodged in Crime No.57/2023 for the aforesaid offences. Under the apprehension of arrest the petitioner had approached the Sessions Court seeking anticipatory bail which was rejected on 1/8/2023. It is under these circumstances, the petitioner is before this court. 5. Learned counsel for the petitioner reiterating the grounds urged in the petition, submits that the petitioner had earlier filed a complaint against his wife and four others on 22/10/2022, which had resulted in registering FIR in Crime No.87/2022 for the offence under Sec. 323, 504, 506 read with Sec. 34 of IPC. He further submits that the parties are residing separately and there are multiple cases between them. He further submits that the parties are residing separately and there are multiple cases between them. Hence, he prays to allow the petition. 6. Per contra, learned HCGP has strongly opposed the bail application and submits that there are serious allegations made against the petitioner, and therefore, she prays to dismiss the petition. 7. On perusal of the complaint averments, it is seen that in the year 2022 itself the petitioner had allegedly issued a Talak notice. Thereafter, complainant had filed Crl.Misc.71/2021 before the jurisdictional Court seeking maintenance. In the said case, it appears that there is an order of temporary injunction in respect to the house property of the petitioner. On 13/6/2023, the complainant came to know that the house property of the petitioner was leased and it is in this background, she had lodged the complaint. 8. The material on record would go to show that there is a complaint lodged against the complainant and her relatives on 22/10/2022, which had resulted in registering FIR in Crime No.87/2022. From the complaint averments, it is obvious that from the year 2022, the parties are litigating before Courts. Though the alleged incident has taken place on 13/6/2023, the complaint was lodged on 8/7/2023. The offences alleged against the petitioner are triable by the Court of Magistrate. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of anticipatory bail. Accordingly, the following ORDER The petition is allowed. The respondent-Police or any other police in the State of Karnataka are directed release the petitioner in the event of his arrest in Crime No.57/2023 of Mangalore Women Police Station, Mangalore registered for the offences punishable Ss. 498A, 504 and 506 of IPC and under Sec. 4 of Muslim Women (Protection of Rights on Marriage) Act, subject to the following conditions: i. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1, 00, 000.00 with two sureties for the likesum to the satisfaction of the investigating officer. ii. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. ii. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future.