Sri Rafee Ahmed Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CC NO.418/2023 (CR NO.17/2023) OF THE RESPONDENT TUMAKURU WOMEN POLICE STATION, TUMAKURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 342, 504, 506, 34 OF IPC PENDING ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE AND JMFC COURT AT TUMAKURU.

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NC: 2026:KHC:8993 CRL.P No. 17007 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in C.C.No.418/2023 arising out of Crime No.17/2023 of Tumkur Woman Police Station pending on the file of II Additional Senior Civil Judge and JMFC, Tumkur registered for offences under Section 498A, 323, 342, 504, 506 read with Section 34 of IPC.

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Heard learned counsel for the petitioner and learned

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High Court Government Pleader for the respondent –State.

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Learned counsel for the petitioner would contend that the marriage of the petitioner with the complainant is love cum arranged marriage. After marriage, the petitioner took his wife -CW1 to Saudi and stayed there. The allegation against the petitioner is that he harassed the C.W.1 in Saudi physically and mentally. Now the investigation is over, charge sheet has been filed and case has been registered against the petitioner in C.C.No.418 of 2023. The petitioner could not appear in the

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HC-KAR

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said criminal case as he was in Saudi. Now the petitioner has returned back to India and he undertakes to appear in the case in the trial Court and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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Learned High Court Government Pleader for the respondent –State would contend that in spite of issuance of summons, the petitioner has not appeared in the case. The petitioner is in Saudi. If the petitioner is granted bail, he will not appear before the trial Court. In case of grant of bail, the condition has to be imposed on the petitioner not to leave India till disposal of the case registered against him. With this, he prayed to reject the petition.

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Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.

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The marriage of petitioner with C.W.1 had taken place on 06.09.2018. Out of marriage they got child. The petitioner after marriage took C.W.1 to Saudi. It is alleged that

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HC-KAR

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the petitioner has harassed C.W.1 physically and mentally and also assaulted his child and sent C.W.1 and child to India as they were suffering from illness. Now the charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. The allegation against the petitioner is that inspite of issuance of summons he has not appeared in the criminal case. It is submitted that the petitioner was earlier in Saudi and therefore he could not appear in the said criminal case. It is further submitted that now the petitioner has returned to India and he is having intention to settle in India. The offences alleged against the petitioner are punishable either with death or imprisonment for life. As NBW has been issued against the petitioner by trial Court apprehends his arrest. There is no any issuance of proclamation against the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions.

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In the result, the following

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ORDER

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I) The petition is allowed.

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HC-KAR

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II) The petitioner –accused No.1 is ordered to be released on bail in the event of his arrest in C.C.No.418/2023 arising out of Crime No.17/2023 of Tumkur Woman Police Station pending on the file of II Additional Senior Civil Judge and JMFC, Tumkur, subject to following conditions:

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a) The petitioner –accused No.1 shall voluntarily appear before the trial Court within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.

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