The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood of a charge sheet being filed are relevant factors in determining the cancellation of bail.

JUDGMENT

V. Srishananda, J. - Heard Sri. Harshavardhan, learned counsel for the petitioner; Sri. Vishnumurthy, learned counsel for respondent Nos. 2 and 3; and Sri. Vishwamurthy, learned High Court Government Pleader for respondent No. 1- State and perused the records.

2. The present petition is filed under Section 439(2) Cr.P.C. with the following prayers:

"A) Call for the entire records in Crl. Misc. No. 8180/2021 on the file of XLV Additional City Civil and Sessions Judge Bengaluru City (CCH 46) and cancel the bail granted to the respondent No. 2 and 3 dt: 01.10.2021 u/s. 438 of the code of criminal procedure for the offences punishable under sections 498(A), 312, 323, 352, 354D, 355, 357, 504, 506, 454, 457 read with section 34 of Indian penal code and sections 3 and 4 of Dowry prohibition Act in Crime No. 0148/2021, dt. 06.09.2021 registered by the respondent No. 1 police i.e. Basavanagudi Women Police Station, Bangalore.

B) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstance of the case in the interest of justice and equity."

3. The brief facts of the case are as follows:

A complaint came to be lodged by the petitioner herein which was registered by the Basavanagudi Police in Crime No. 148/2021 for the following offences:

Sections 498A, 312, 323, 352, 354D, 355, 357, 504, 506, 454 and 457 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

4. Respondent Nos. 2 and 3 who are the father-in-law and mother-in-law of the petitioner applied for grant of anticipatory bail before the District Court. The same, on contest, came to be allowed with conditions by order dated 01.10.2021 by the XLV Additional City Civil and Sessions Judge (CCH-46).

5. In pursuance of one of the conditions, respondent Nos. 2 and 3 appeared before the jurisdictional Magistrate and obtained regular bail by order dated 29.10.2021.

6. In other words, all the conditions imposed in Crl.Misc. No. 8180/2021 were complied by respondent Nos. 2 and 3.

7. The following grounds have been urged on behalf of the petitioner seeking cancellation of the bail;

The impugned order passed by the Sessions court granting the Anticipatory bail to the respondent No. 2 and 3 u/s. 438 of the code of criminal procedure is not maintainable either under law or facts and same is liable to be set aside by this Hon'ble court.

The Hon'ble Sessions court has failed to note the gravity and seriousness of the offences committed by the Accused No. 2 and 3, the continuous and immense mental and physical harassment given by the Accused No. 2 and 3 to the Complainant.

The Hon'ble Sessions court has failed to note that in the instant case, not only the Accused No. 1 has given unbearable physical and mental torture to the complainant from the date of marriage and during her pregnancy and cause Miscarriage to her, the Accused No. 2 and 3 are also have given unbearable physical and mental torture to the complainant even during her pregnancy and caused Miscarriage to her. The Hon'ble Sessions court in a mechanical manner granted the bail to the respondent No. 2 and 3. The Hon'ble Sessions court has not at all considered the gravity and severity of the allegations which is the hallmark for exercise of discretionary power u/s. 438 of Cr.P.C. In the case on hand the complaint, FIR and the documents produced before the sessions court by the Complainant goes to show the culpability of the Accused and the gravity of the offences committed by them. But the Hon'ble Sessions court has miserably failed to consider the material evidence on record while granting the bail to Accused No. 2 and 3.

The Hon'ble Sessions court has passed the impugned order in a routine manner without taking into consideration of conditions laid down in section 438 of code of Criminal procedure as to the nature and gravity/seriousness of the accusation and the possibility of applicant to flee from the justice.

The Hon'ble Sessions court has passed the impugned order in a routine manner wit