KABC010086232024 IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-46) DATED THIS THE 03rd DAY OF JUNE 2024 PRESENT: SRI. MOHAMMED MOINUDDIN BA LLB(SPL)., XLV Addl. City Civil & Sessions Judge, Bengaluru. CRL.MISC. 3057/2024 BETWEEN Petitioner 1. Sri. Kiran N (Accused 28 years, S/o Nagesh Murthy C No.1 to 4) No.77, 3rd main, T Channaiah layout, near Bus stop, Nagawara, Bengaluru-560045

2. Smt. Neelamma 48 years, W/o Nagesh Murthy C No.77, 3rd main, T Channaiah layout, Near Bus stop, Nagawara, Bengaluru-560045

3. Sri. Nagesh Murthy 56 years S/o Sanjeevappa No.77, 3rd main, T Channaiah layout, Near Bus stop, Nagawara, Bengaluru-560045

4. Smt. Archana 26 years W/o Anand R, No.144 Settigere, Bengaluru-5621575 Crl.Misc.No.3057/2024

(By Sri. Keshava Murthy M.Adv) AND Respondent State by Hennuru Police Station Bengaluru. (By the learned Public Prosecutor) ORDERS ON PETITION FILED U/S. 438 OF Cr.P.C., The petitioners have submitted that the respondent police based on a false complaint lodged by one Mrs. Divya K. on 25.01.2024 have registered the case against them, in Cr.No.41/2024 for the offenses p/u/s 498 A, 323, 324, 504, 506 r/ w 34 of IPC.

2. The petitioners have submitted that they

never subjected the 1st informant to any kind of harassment either for dowry or for anything. But the 1st informant in order to take revenge against the respondent has cooked up a false story of some fictitious incident and got registered a case against them.

3. The 1st petitioner is working as a driver and he tried his level best to convince his wife to

discharge her marital obligations towards her husband and in-laws. Instead, she has made allegations to escape from her responsibility. Even then, the petitioners tolerated all these things but Crl.Misc.No.3057/2024 she did not mend her ways and left the matrimonial home in the month of December-2023 without any justification, by residing at her parents’ house she got filed a false case against the petitioners.

4. The petitioners have submitted that except Sec.498 (A) all other offenses are bailable in

nature. However they have got reasonable apprehension that respondent police may arrest them at any point of time in connection with crime No.41/2024. Since the petitioners are prepared to furnish surety and ready to obey the conditions to the satisfaction of this court as such prayed to allow the petition in the interest of justice

5. The learned public prosecutor representing

the State has filed objections stating that the petitioners have committed non bailable offenses and their custodial interrogation is necessary. If the petitioners are order to be released on bail they may cause threat to the victim and the witnesses and also abscond form jurisdiction. In that event, it will affect not only the investigation but the legal consequences.

6. The state by narrating in brief the contents of first information has submitted that the victim

has been subjected to mental and physically Crl.Misc.No.3057/2024 harassment by the petitioners and the case is in investigation stage as such the petitioners are not entitled for bail. Hence, the respondent has prayed to reject the bail petition in the interest of justice.

7. The following points that arises for

consideration of this Court: Whether the petitioners are entitled for anticipatory bail?

8. I have heard the learned counsel for petitioners

and the learned public prosecutor. I have perused the available materials in the file my finding on the above point is in Affirmative for the following; R E A S O N S

9. It is not in dispute that, the marriage between the 1st petitioner and the 1st informant

Smt. Divya K was solemnized on 22-09-2023. Further it is not in dispute that after the marriage said Smt. Divya K has lead marital life with the 1st petitioner for some time at matrimonial home where all resided at one place.

10. A perusal of the contents of FIR it appears

that on 25.01.2024 the victim Smt. Divya K was said to be harassed by the petitioners both mentally and physically. It also appears that, earlier when the petitioners mentally harassed her by teasing she had been to her parents’ house and Crl.Misc.No.3057/2024 did not return for about 01 month because of the fear from the petitioners. Somehow due to intervention of elders and well wisher the differences between the two families were resolved. But the petitioners did not change and again on 24-01-2024 all of them had been to her parents’ house abused them in filthy language harassed her and also assaulted besides the petitioners have allegedly committed criminal intimidation.

11. If the allegations made in the first

information are taken to be true for the sake of discussion then at the most it attract the penal previsions Sec.498A, 323, 324, 504 and 506 r/w section 34 of IPC. The offenses PUS 323, 324 504 and 506 r/w 34 of IPC is all bailable in nature. Though the offense p/u/s 498(A) r/w 34 of IPC is non bailable in nature since it is neither punishable with death or life imprisonment. Moreover all the offenses are exclusively triable by the learned Magistrate. Having regard to the fact that the petitioners are the permanent residents of Nagawara Bengaluru City I am of the opinion that the petition is deserves to be allowed.

12. Since there is reasonable apprehension of

petitioners being arrested in Cr.No.41/2024 by the Crl.Misc.No.3057/2024 respondent police for the reasons recorded supra the petitioners are entitled for anticipatory bail subject to some reasonable conditions. As such I answer the above point in affirmative. In the result I proceed to pass the following; O R D E R The petition filed by the petitioner No.1 to 4 U/S.438 of Cr.P.C. is hereby allowed. Thereby the petitioners are ordered to be released on bail on execution of personal bond for Rs.1,00,000-00 each with a surety for the like sum in the event of he being arrested in connection with Crime No.41/2024 by the Hennuru police station subject to following conditions;

1. The petitioners shall make themselves

available for interrogation by the IO as and when required till the final report is filed. Further, they shall assist the IO in further investigation of the case.

2. The petitioners shall surrender before the

concerned police within 30 days from the date of this order without fail.

3. They shall not directly or indirectly make

any inducement, threat or promise to any person acquainted with the facts of the Crl.Misc.No.3057/2024 case so as to dissuade him/her from disclosing such facts to the court or to the concerned IO.

4. They shall not hamper further

investigation of the case and tamper with prosecution witnesses in any manner and shall not intimidate the complainant.

5. They shall not commit similar offenses or

any offenses in future.

6. They shall appear before the concerned

Magistrate court as and when directed.

7. They shall not leave the jurisdiction of the

Bengaluru City without the prior permission of the concerned court.

8. They shall not change their place of

residence outside the jurisdiction of Bengaluru without any prior intimation of the concerned court.

9. They shall furnish their residential ID

address proofs. (Typed to my dictation by the Stenographer directly on Computer, corrected by me and then pronounced in open Court on this the 03rd day of June, 2024) signed MOHAMMED MOHAMMED DigitallybyMOINUDDIN MOINUDDIN 2024.06.14 Date:16:02:00 (MOHAMMED MOINUDDIN)+0530 XLV Addl. CC & SJ, Bengaluru. Crl.Misc.No.3057/2024 Order pronounced in the open court vide its separate order O R D E R The petition filed by the petitioner No.1 to 4 U/S.438 of Cr.P.C. is hereby allowed. (MOHAMMED MOINUDDIN) XLV Addl. CC & SJ, Bengaluru.