Karnataka v. HATHRAS

1. MR. RAJESH DOYIJODE S/O LATE RAMANA RAO AGED ABOUT 42 YEARS RESIDING AT NO.D-521 PLATINUM LIFE STYLE APARTMENT 80 FEET BDA ROAD NEAR JAMBU SAVARI DINNE BUS STAND, J.P. NAGAR 8 PHASE BANGALORE - 560 083.

2. MR. INDIRA RAMANA RAO W/O LATE RAMANA RAO AGED ABOUT 66 YEARS.

3. MISS REKHA DOYIJODE AGED ABOUT 38 YEARS D/O INDIRA DOYIJODE. BOTH RESIDING AT D 521, PLATINUM LIFE STYLE APARTMENT BDA 80 FEET ROAD EXPRESS MEGA MART J.P. NAGAR, 8TH PHASE BANGALORE - 560 083. (BY SRI SHAHANA C, ADV.) AND: Digitally signed by NANDINI MS Location: High Court of Karnataka …PETITIONERS - 2 - NC: 2024:KHC:37760 CRL.P No. 9296 of 2024

STATE REP BY KONANAKUNTE POLICE STATION, 144, ANJANAPURA MAIN ROAD, ANJANADRI LAYOUT, KONANAKUNTE BENGALURU, KARNATAKA - 560 062.

MAHILA POLICE STATION, NAYA GANJ HATHRAS, UTTAR PRADESH - 204 101. …RESPONDENTS (BY SRI VINYA MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE STATION TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIM BEING ARRESTED FOR THE OFFENCE UNDER SEC.85 AND 86 OF BNS AND SEC.3,4 OF D.P ACT AND NAY ALLEGED OFFENCE STATED IN BNS LIKELY TO BE FILED BY THE RESPONDENT P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Petitioners are before this Court under Section 438 of Cr.P.C. seeking Transit Anticipatory Bail in Crime No.76/2024 registered by Hathras Women Police Station, Hathras District, Uttar Pradesh, for the offences punishable under Section 498A, 323 and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 3 - NC: 2024:KHC:37760 CRL.P No. 9296 of 2024

2. Heard the learned counsel for the petitioners and the learned HCGP for the respondents.

Learned counsel for the petitioners submits that on the basis of the first information submitted by the wife of the first petitioner herein, FIR has been registered in Crime No.76/2024 by Hathras Women Police Station, Hathras District, Uttar Pradesh. She submits that first petitioner's wife Mukta Singhal has also filed a Habeas Corpus Petition before the Hon'ble High Court of Allahabad at Uttar Pradesh. Petitioners intend to file necessary application before the jurisdictional Court seeking anticipatory bail in Crime No.76/2024 and petitioner No.1 also is required to appear before the Hon'ble High Court of Allahabad at Uttar Pradesh in the Habeas Corpus proceedings. Meanwhile, petitioners apprehend that they are likely to be arrested and therefore, interim protection is prayed.

Learned HCGP has not seriously opposed the prayer made in the petition.

The material on record would go to show that first petitioner is the husband of Smt. Mukta Singhal and their marriage was solemnized on 22.02.2015. It appears that Smt. - 4 - NC: 2024:KHC:37760 CRL.P No. 9296 of 2024 Mukta Singhal has filed first information before the Hathras Women Police Station, Hathras District, Uttar Pradesh and based on the same, FIR in Crime No.76/2024 is registered for the aforesaid offences against her husband and in-laws. Petitioner Nos.2 and 3 are the mother and sister of petitioner, who is the husband of first informant. The material on record would go to show that in addition to registration of FIR in Crime No.76/2024, Smt. Mukta Singhal has also filed a Habeas Corpus Petition before the Hon'ble High Court of Allahabad at Uttar Pradesh and notice has been served in the said proceedings on petitioner No.1. Considering the aforesaid aspects of the matter so as to enable the petitioners to seek anticipatory bail in Crime No.76/2024 before the jurisdictional Court and also to enable petitioner No.1 to appear in the Habeas Corpus proceedings, which is now said to be listed before the Hon'ble High Court of Allahabad at Uttar Pradesh on

18.09.2024, I am of the opinion that some interim protection has to be given to them. Accordingly, the following order:-

Petition is allowed. Petitioners are granted transit anticipatory bail for a period of three weeks from the date of receipt of the certified copy of this order, so as to enable them - 5 - NC: 2024:KHC:37760 CRL.P No. 9296 of 2024 to make necessary application before the jurisdictional Court seeking anticipatory bail in Crime No.76/2024 registered by Hathras Women Police Station, Hathras District, Uttar Pradesh, for the offences punishable under Section 498A, 323 and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and in the event of their arrest in the above crime by the respondent-Police or any other police, they shall be released subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer; b) Petitioners shall not tamper with the prosecution witnesses. SD/- (S VISHWAJITH SHETTY) JUDGE DN