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P. N. DESAI
Imran S/o. Abdul Latif Sutar – Appellant
Versus
State of Karnataka, Through PSI Kalaburagi City Women PS, Kalaburagi, Rep. by Addl. SPP – Respondent
ORDER :
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, (hereinafter referred to as ‘Cr.P.C.’ for short) seeking to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.28/2022 of Kalaburagi City Women Police Station, Kalaburagi, registered for the offences punishable under Sections 498A, 323, 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. The above said complaint came to be registered on the basis of complaint lodged by one Sumayya Sultana stating that her marriage was solemnized with petitioner No.1 on 11.12.2018 and at the time of marriage Rs.8,00,000/- cash and other household articles were given to the petitioners family. Then, 3-4 months after the marriage, petitioner No.1 started to consume alcohol and abused her in filthy language and assaulted the complainant. Further it is alleged that the petitioners/accused were demanding complainant to bring additional dowry and gold from her parents house otherwise they will not provide food to her. They also threatened the complainant that they perform another marriage to petitioner No.1/accused No.1. It is further alleged that pe
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
The court may grant anticipatory bail where the allegations lack specific particulars of harassment, the accused have no criminal antecedents and are willing to cooperate with the investigation.
The court determines that allegations of dowry demand do not justify custodial interrogation at the stage of anticipatory bail consideration.
Anticipatory bail can be granted under Section 438 when allegations do not warrant preemptive detention, provided conditions to protect ongoing investigations are set.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the specific allegations and individual circumstances of the petitioners.
Anticipatory bail can be granted in serious allegations, balancing the gravity of charges with the rights of the accused under specific conditions.
Anticipatory bail granted under Section 438 Cr.P.C. when petitioners have no criminal antecedents and face only general allegations without medical evidence.
The court established that anticipatory bail can be granted when accused face potential false implications, especially in domestic disputes.
Grant of anticipatory bail - matter is being settled between the husband, wife and her in-laws, as such, the present applicants be granted the privilege of anticipatory bail.
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.
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