1. 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 petitioner No.1 has got illicit relationship with another woman. The petitioners tortured her physically and mentally. It is further alleged that on 27.03.2022 when the complainant was in her parental house, all the accused came there and started quarrelling with her and assaulted her and other family members by demanding additional dowry. Hence, the complaint came to be lodged. The learned Sessions Judge rejected bail petition. Hence, this present petition.

3. Heard Sri.Maksood Afzal Jagirdar, learned counsel for the petitioners and Sri.Veeranagouda Malipatil, learned HCGP for the respondent-State.

4. Learned counsel for the petitioners argued that petitioner Nos.2 and 5 are women, petitioner No.5 is the medical student and studying in medical college at Ahmedabad, Gujarat and she is not knowing the alleged incident and petitioner No.1 is also working as BAMS Doctor at Pune. Therefore, just to harass the petitioners, a false complaint came to be filed. Learned Sessions Judge rejected the bail petition only on the ground that petitioners did not appear before the Investigating Officer when notice was issued under section 41(A) of Cr.P.C. which is not correct. Learned counsel further argued that petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed to allow the petition.

5. Against this, learned HCGP argued that the petitioners have assaulted the complainant in her parents house and also assaulted her family members and abused them. Even petitioners have not appeared before the Investigating Officer when notice was issued under Section 41(A) of Cr.P., if, petitioners are enlarged on bail, they may tamper the prosecution witnesses and they may not appear, as they are permanent resident of Maharashtra State and they may abscond. Therefore, learned HCGP prays for rejection of bail petition.

6. I have perused the material on record, FIR and bail petition. Admittedly none of the offences are punishable with death or imprisonment for life. Except offence under Section 498A of IPC, other offences are bailable. Petitioner Nos.2 and 5 are admittedly women. It is stated that petitioner No.5 is the Medical student; petitioner No.3 is aged about 62 years and petitioner No.6 stated to be the brother of petitioner No.2 who is also aged about 61 years and it is also forthcoming from the FIR that this complainant is residing in her parents house since 4-6 months prior to the alleged date of incident. The main allegation is that petitioner No.1 is having illicit relationship with another woman and consuming alcohol and caused ill-treatment on her.

7. It is settled principle of law that bail is a rule and rejection is an exception. While granting or rejecting the bail application, the Court will have to take into consideration,

"(1) the nature and seriousness of the offence;

(2) character of the accused; (3) circumstances which are peculiar to accused;

(4) reasonable probabilities of presence of the accused not being secured at trial;

(5) reasonable apprehension of witnesses being tampered with; and

(6) larger interest of public or the state and similar other considerations, which arise when a court is asked to admit the accused to bail in a nonbailable offence."

8. Therefore, considering the facts and circumstances of the case and in view of above principle, in

9. Admittedly, petitioner Nos.2 and 5 are women and petitioner Nos.3 and 6 are aged persons. Learned counsel for the petitioners stated that petitioners are residing in neighbouring State which is just abutting to Kalaburagi district i.e. Solapur and petitioners are ready to furnish local surety and ready to abide by any conditions. Therefore, keeping in mind the above principle, in my considered opinion the petitioners have made out sufficient grounds to allow the petition and the apprehension of the prosecution can be meted out by imposing reasonable conditions on the petitioners, as they have undertaken to co-operate with the investigation and furnish sureties including one local surety. Accordingly, I proceed to pass the following:

ORDER

The criminal petition filed under section 438 of Cr.P.C. is allowed.

Consequently, the petitioners/accused No.1-Imran S/o Abdul Latif Sutar, accused No.2-Nasreen W/o Abdul Latif Sutar, accused No.3-Abdul Latif S/o Hussain Sutar, accused No.4-Faiyas S/o Abdul Latif Sutar, accused No.5-Nilofar D/o Abdul Latif Sutar and accused No.6-Ibrahim S/o Abdul Mulla are ordered to be enlarged on anticipatory bail in the event of their arrest in connection with Crime No.28/2022 of Kalaburagi City Women Police Station, Kalaburagi , for the offences punishable under Sections 498A, 323, 504, 506 r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, subject to following conditions:

1. The petitioners shall execute self-bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties (atleast one of them is a local surety) for the likesum to the satisfaction of the Investigating Officer;

2. The petitioners shall surrender themselves before the SHO of Kalaburagi City Women Police Station or the Investigating Officer in this crime within 10 days from the date of receipt of a certified copy of this order and after surrender, the Investigating Officer can interrogate them and then release them forthwith on conditions stated in this order;

3. The petitioners shall not threaten or tamper the prosecution witnesses directly or indirectly;

4. The petitioners shall mark their attendance before the jurisdictional police/SHO/ Investigating Officer once in 15 days i.e. on alternative Sunday between 10:00 a.m. to 4:00 p.m. for a period of three months or till filing of the Charge Sheet whichever is earlier and shall co-operate in the investigation;

5. The petitioners shall furnish proof of their residential correct address to the Investigating Officer and shall inform the Court/Investigating Officer if there is any change in the address.

6. The petitioners shall not involve in any criminal activities and shall not commit similar offences.

7. The petitioners shall appear before the Court/Investigating Officer as and when directed.

In case if any of the conditions is violated, the prosecution is at liberty to move application for cancellation of bail.