Case Note & Summary
The petitioner, Avinash Rajanna, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in Crime No.254/2019 registered at Jayanagar Police Station, Bangalore, for alleged offences punishable under Sections 498A (cruelty by husband or relative) and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC), and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (DP Act). The complainant, R. Priyadarshini, who is the wife of the petitioner, alleged that their marriage was performed on 15.12.2011 at Bangalore. Subsequent to the marriage, the petitioner demanded considerable dowry in cash and subjected her to physical and mental harassment. The couple had a male child. The petitioner was also alleged to have an extra-marital affair. The police were making hectic efforts to arrest the petitioner, prompting him to approach the High Court for anticipatory bail. The court heard the learned counsel for the petitioner, Sri. Rakshith R., and the learned High Court Government Pleader (HCGP) for the State, Sri. Divakar M. Maddur. The court considered the factual matrix and submissions. The court observed that custodial interrogation of the petitioner may not be necessary for the purpose of investigation, and no prima facie case for custodial interrogation was made out. Accordingly, the court allowed the petition and granted anticipatory bail to the petitioner, subject to certain conditions, including that the petitioner shall appear before the Investigating Officer within 15 days, shall not tamper with evidence or threaten witnesses, and shall not leave the jurisdiction without prior permission. The court also directed that the petitioner shall execute a personal bond of Rs.1,00,000 with one surety of the like sum.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Pre-arrest bail - Petitioner/accused sought anticipatory bail in a case involving allegations of dowry demand and cruelty - Court granted bail considering that custodial interrogation may not be necessary and no prima facie case for custodial interrogation - Held that anticipatory bail can be granted subject to conditions (Paras 1-4).
Issue of Consideration
Whether the petitioner/accused is entitled to anticipatory bail under Section 438 CrPC in Crime No.254/2019 for offences under Sections 498A, 506 IPC and Sections 3, 4 of Dowry Prohibition Act.
Final Decision
Petition allowed. Petitioner granted anticipatory bail subject to conditions: (i) Petitioner shall appear before the Investigating Officer within 15 days from the date of order; (ii) Petitioner shall not tamper with evidence or threaten witnesses; (iii) Petitioner shall not leave the jurisdiction without prior permission; (iv) Petitioner shall execute a personal bond of Rs.1,00,000 with one surety of the like sum.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Dowry Prohibition Act
- IPC Sections 498A and 506
- Prima facie case
- Custodial interrogation
