Allowed

Sri. Mohammed Shaheera v. State of Karnataka

Karnataka HC4 May 2023CRL.P/2206/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka at Bengaluru allowed Criminal Petition No. 2206 of 2023 seeking anticipatory bail. The petitioner is accused in a dowry-based matrimonial dispute involving IPC and Dowry Prohibition Act offences. The bail was granted with specific conditions.

What did the court decide?

Petitioner allowed bail on execution of self-bond for Rs.50,000 with one surety, subject to conditions including not tampering with witnesses and not leaving jurisdiction.

Sri. Mohammed Shaheera Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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CRL.P No. 2206 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA

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CRIMINAL PETITION NO. 2206 OF 2023

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BETWEEN:

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SRI. MOHAMMED SHAHEERA, S/O. ABDUL HAMEED, AGED ABOUT 38 YEARS, R/AT D.NO.1-165, I BLOCK, SITE NO.31, KATIPALLA, MANGALORE-575 001.

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…PETITIONER

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(BY SRI.DHANANJAY KUMAR.,ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: High Court of Karnataka

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STATE OF KARNATAKA BY MANGALORE WOMEN POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALORE-560 001.

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DR. AMREEN PATILLA, D/O. SHABAN, AGED ABOUT 37 YEARS, R/AT: H.NO. 2-9-708/1, GM, SANKAIGUDDE, BEJAI NEW ROAD,

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CRL.P No. 2206 of 2023

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MANGALORE,

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D.K. 575 004.

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(AMENDED AS PER THE ORDER DATED 31/03/2023)

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…RESPONDENTS

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(BY SRI.R.D.RENUKARADHYA, HCGP)

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THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN THE CR.NO.2/2023 REGISTERED MANGALORE WOMEN POLICE STATION, MANGALURU CITY DISTRICT FOR THE OFFENCE P/U/S 498(A), 506, 34 OF IPC, SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, SECTION 4 OF THE MUSLIM WOMEN PROTECTION OF RIGHTS ON MARRIAGE 2019, PENDING ON THE FILE OF 3RD JMFC COURT, MANGALORE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard on bail application.

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On the basis of the complaint filed by one Smt.Amreen Patilla, Mangalore Women Police Station have registered a case in Crime No.2/2023 against accused Nos.1 to 3 for commission of the offences punishable under Sections 498A, 506, 34 of IPC, Sections 3 and 4 of Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

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It is submitted by the counsel that accused Nos.2 and 3 have already obtained bail in

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3 - CRL.P No. 2206 of 2023

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Crl.Misc.No.50/2023 on the file of the VI Additional District and Sessions Judge, D.K.Mangaluru dated 08.02.2023. The alleged commission of the offences are not punishable death or imprisonment for life. Considering the nature and gravity of offences relationship between the petitioner and the victim, it is just and proper to release the petitioner/accused on bail application with conditions. Hence, I proceed to pass the following:

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ORDER

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(i) The Criminal Petition filed under Section 438 of Cr.P.C. is allowed ;

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(ii) The petitioner shall be released on bail in the event of his arrest in Crime No.2/2023 of Mangalore Women Police Station on executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like sum to the satisfaction of the concerned Court;

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(iii) The petitioner shall not tamper or threaten the prosecution witnesses in any manner;

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(iv) The petitioner shall co-operate the Investigation Officer in the matter of investigation;

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CRL.P No. 2206 of 2023

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(v) The petitioner shall not leave the jurisdiction of Court without prior permission from the concerned Court.

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(vi) The petitioner shall not commit similar offences;

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Sd/JUDGE

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CPN

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List No.: 1 Sl No.: 135 CT: AVB

Sri. Mohammed Shaheera v. State of Karnataka

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Sri. Mohammed Shaheera v. State of Karnataka

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