ABDUL RAHIZ v. STATE OF KARNATAKA
Case at a glance
Outcome
Allowed
Criminal petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 1, 3, 438
- Indian Penal Code, 1860 ss. 323, 354, 498A, 506
- Dowry Prohibition Act, 1961 ss. 3, 4
- Marriage Act, 2019
- Indian Evidence Act, 1872 s. 27
Key paragraphs
- Para 55. Considering the facts and circumstances that the marriage was solemnized on 30.07.2023 and it is stated that there was continuously harassment on her. But there is no specific allegation in respect of what was the dowry amount paid and what was the further demand…
Judgment
(BY SRI. S.V PRAKASH, ADVOCATE) AND:
STATE OF KARNATAKA, REPRESENTED BY SHO, WOMEN POLICE STATION, MANGALURU, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2024:KHC:6948 CRL.P No. 610 of 2024
FATHIMA SHIFA, D/O RAHIM, AGED ABOUT 18 YEARS, 4TH BLOCK, KRISHNAPURA, MANGALURU, MANGALURU CITY, KARNATAKA, MOBILE NO. [REDACTED]. …RESPONDENTS (BY SRI. RANGASWAMY.R, HCGP FOR R1) THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.97/2023 OF MANGALORE WOMEN P.S., MANGALURU CITY FOR THE OFFENCE P/U/S 498A,323,354,506 OF IPC AND SEC.3,4 OF D.P ACT AND SEC.4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE ) ACT ON THE FILE OF THE III J.M.F.C COURT, MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Looking to the facts and circumstances of the case, notice to respondent No.2 is dispensed with.
2. This petition is filed by the petitioners/accused Nos.1 and 3 under Section 438 of Cr.P.c., for granting anticipatory bail in Crime No.97/2023 registered by Mangalore Women Police Station for the offences punishable under Sections 498A, 323, 354 and 506 of IPC, Sections 3 and 4 of Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. - 3 - NC: 2024:KHC:6948 CRL.P No. 610 of 2024
Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent-State.
The case of the prosecution is that, on the compliant of respondent No.2, the police registered FIR. It is alleged that the petitioner after marriage started to harass physically and mentally to bring dowry. After registering the case, the police are making efforts to arrest the petitioners. Hence, they are before this Court.
Considering the facts and circumstances that the marriage was solemnized on 30.07.2023 and it is stated that there was continuously harassment on her. But there is no specific allegation in respect of what was the dowry amount paid and what was the further demand made by the petitioners. However, accused Nos.2 and 4 have already granted bail. When the co-accused persons have already granted bail, these petitioners are also entitled for bail on the ground of parity. Accordingly, I proceed to pass the following
Operative part
O R D E R Criminal petition is allowed. The respondent-Police Station are directed to release the petitioners/accused Nos.1 - 4 - NC: 2024:KHC:6948 CRL.P No. 610 of 2024 and 3 on bail in the event of their arrest in Crime No.97/2023 registered by Mangalore Women Police Station for the offences punishable under Sections 498A, 323, 354 and 506 of IPC, Sections 3 and 4 of Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, subject to the following conditions: i. Petitioners shall execute a personal bond in a sum of Rs.1,00,000/- each (Rupees one lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer; ii. Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order; iii. Petitioners shall appear before the Investigating Officer every Monday for three weeks for the purpose of investigation. iv. Petitioners shall not indulge in any similar offences; v. Petitioners shall not tamper the prosecution witnesses directly or indirectly; vi. Petitioners shall be deemed to be in custody for the purpose of any recovery under Section 27 of the Indian Evidence Act, 1872; and - 5 - NC: 2024:KHC:6948 CRL.P No. 610 of 2024 vii. Petitioners shall appear before the Investigating Officer as and when called for, for the purpose of investigation, thereafter. Sd/- JUDGE VM List No.: 3 Sl No.: 8
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 1, 3, 438; Indian Penal Code, 1860 — ss. 323, 354, 498A, 506; Dowry Prohibition Act, 1961 — ss. 3, 4; Marriage Act, 2019; Indian Evidence Act, 1872 — s. 27.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.