H. P. SANDESH
G. S. Pragath Purushottama – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner/accused No. 1 on bail, in the event of his arrest in respect of Crime No. 69/2022 registered by Basavanagudi Women Police Station, Bengaluru City, for the offence punishable under Sections 498-A, 354(A), 504 and 506 read with Section 149 of IPC, Sections 3 and 4 of Dowry Prohibition Act, 1961 and Section 67 of Information Technology Act, 2008.
2. Heard the learned counsel for the petitioner 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 this petitioner was solemnized with the complainant in 2015 and they were not having any issues. It is the allegation that the husband and his family members started harassing her both mentally and physically and started demanding dowry. The petitioner is also addicted to bad vices and he was harassing to take nude photo of the complainant and also took the same causing fear to her and also threatened her parents. That on 04.12.2021, the husband of the complainant took her near the Starbucks, Koramangala and made her to talk with his friend with a
The main legal point established in the judgment is that the timing of the complaint, the nature of the allegations, and the need for further investigation are crucial factors in determining the gran....
The court considered the severity of the offences, the delay in lodging the complaint, and the nature of the allegations in granting bail under Section 438 of Cr.P.C.
The court's decision to grant bail was influenced by the gravity of the offence, the nature of injuries, and the pending dispute, highlighting the importance of considering these factors in bail deci....
The court's decision was influenced by the gravity of the offence and the fact that the offences were not punishable with death or imprisonment for life.
Bail is a rule and rejection is an exception, and the specific circumstances of the case must be considered when granting or rejecting bail in non-bailable offences.
The court emphasized the importance of following the prescribed procedure and guidelines in cases involving allegations of harassment for dowry and directed the police to do so.
The court's decision was influenced by the specific allegations made against the first petitioner/a1, the lack of specific allegations against the other petitioners/a-2 to a-4, and the direction for ....
The court affirmed that police can investigate non-cognizable offences alongside cognizable ones, emphasizing the need for careful scrutiny of complaints in family disputes.
The court's decision was guided by the need for the Investigation Agency to ascertain the veracity of the complaint averments and the precedent set by the Hon'ble Supreme Court in the case of ARNESH ....
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
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