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 grant of anticipatory bail.

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 an intention to make an allegation against the complainant and started harassing stating that her nude photograph and other photographs will be uploaded in the social media and the same was reported to her parents. That on 11.02.2022, the panchayathdars said that it is not the right time to discuss the same. That on 16.02.2022, her husband and father-in-law made phone call to her father and told him that, let the complainant be there in the parental house itself or otherwise, they should give 50% of the property and if they do not give the same, they will commit murder of his daughter. Based on the complaint, the police have registered the case for the offence under Sections 498-A, 504, 506 and 354(A) read with Section 149 of IPC, Sections 3 and 4 of Dowry Prohibition Act, 1961 and Section 67 of the Information Technology Act, 2008.

4. Learned counsel for the petitioner would submit that there were no issues, even though marriage had taken place in 2015 and M.C. petition is also filed on 20.01.2022 and present complaint is filed subsequent to filing of M.C. Petition. The counsel also would submit that the amount has been transferred to the account of her father, after the payment of Rs. 20 lakhs each by the petitioner and now, she has twisted the facts of the case making false allegation against the petitioner herein.

5. Per contra, learned High Court Government Pleader for the respondent-State would submit that, in the complaint, specific allegations are made that the petitioner is having problem with his fertility and he took the complainant to a lonely place and introduced her to his friend and by taking the nude photograph, he also started blackmailing her. Hence, there is a specific allegation of harassment in the complaint and he is not entitled for anticipatory bail.

6. Having heard the respective counsel and also on perusal of the material available on record, particularly, the marriage between the petitioner and the complainant is solemnized in 2015 and present complaint is filed in 2022. Apart from that, M.C. Petition was filed prior to filing of this complaint and the allegations made in the complaint has to be probed and to probe the allegations, the presence of the petitioner is not required, taking note of the nature of offence as well as the allegations. Hence, it is a fit case to exercise the powers under Section 438 of Cr.P.C. in favour of the petitioner with a direction to co-operate with the Investigating Officer for investigation in the matter, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:

ORDER:

The petition is allowed. Consequently, the petitioner-accused No. 1 shall be released on bail, in the event of his arrest in connection with Crime No. 69/2022 regis