Case Note & Summary
The petitioner, Mr. Somendra Paul, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in Crime No.74/2020 registered at Parappana Agrahara Police Station, Bengaluru, for offences punishable under Section 498A of the Indian Penal Code, 1860 (IPC) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The complainant is the wife of the petitioner, and their marriage took place fifteen years ago. They have a nine-year-old daughter. The wife alleged that the petitioner used to quarrel with her frequently and insult her. The petitioner's counsel argued for bail, while the State opposed through the High Court Government Pleader. The court, after hearing both sides, observed that custodial interrogation of the petitioner was not required. Consequently, the court allowed the petition and granted anticipatory bail, directing that in the event of arrest, the petitioner be released on a personal bond of Rs.1,00,000 with two sureties for the like amount. The court also imposed conditions including that the petitioner shall not tamper with prosecution evidence or influence witnesses, shall appear before the Investigating Officer as required, and shall not leave the jurisdiction without prior permission. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Grant of Bail - Petitioner husband sought anticipatory bail in a case registered under Section 498A IPC and Section 75 of the Juvenile Justice Act based on allegations of cruelty by his wife - Court held that custodial interrogation was not required and granted bail subject to conditions - Held that the petitioner be released on bail in the event of arrest on executing a personal bond and furnishing sureties (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for offences under Section 498A IPC and Section 75 of the Juvenile Justice Act.
Final Decision
The petition is allowed. The petitioner shall be released on bail in the event of arrest in Crime No.74/2020 of Parappana Agrahara Police Station, subject to executing a personal bond of Rs.1,00,000 with two sureties for the like amount. Conditions: (i) petitioner shall not tamper with prosecution evidence or influence witnesses; (ii) shall appear before the Investigating Officer as required; (iii) shall not leave the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 498A IPC
- Section 75 Juvenile Justice Act
- custodial interrogation not required
- conditions for bail
