V SRISHANANDA
Mohammed Tousif – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri. Shakeel Ahamed, learned counsel for the petitioner and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State.
2. Present petition is filed under Section 438 of Cr.P.C. with the following prayer:
'WHEREFORE, the above named petitioner most humbly prays that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Crime No.136/2022 punishable u/s 498(A) of the Indian Penal ode read with Section 3 and 4 of the Dowry Prohibition Act, 1961, of respondent Bharathi Nagar police pending before the XI Additional Chief Metropolitan Magistrate Court at Bangalore, in the interest of justice."
3. The brief facts of the case are as under:
Shyamir Khan lodged a complaint with Bharathi Nagar Police on 05.12.2022 against the petitioner, which was registered in Crime No.136/2012 for the offence punishable under Section 498A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as 'DP Act' for short).
4. Gist of the complaint averments reveal that the present petitioner was married to the daughter of the comp
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 ....
The court determines that allegations of dowry demand do not justify custodial interrogation at the stage of anticipatory bail consideration.
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
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