Case Note & Summary
The petitioner, Venu G.A., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with Crime No.21/2020 registered at Nandagudi Police Station, Bangalore Rural District. The FIR alleged offences punishable under Sections 498A (cruelty by husband or relatives), 355 (assault with intent to dishonor), 506 (criminal intimidation) read with Section 149 (unlawful assembly) of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner was the husband (accused No.1) and the complainant was his wife. During the hearing, the petitioner's counsel submitted that the differences between the parties were minor, the complaint was false, and the parties had resolved the matter. The court granted time to the State's counsel to obtain instructions. Subsequently, the State counsel reported that the complainant had taken some time to join the petitioner and stay in the matrimonial home. The petitioner's counsel further informed that the complainant had delivered a male baby one and a half months earlier, and that accused Nos.2 to 6 (other relatives) had already been granted anticipatory bail. The court noted that the petitioner was 28 years old and the complainant was 24 years old, and that the parties were considering an amicable settlement. Considering these facts and circumstances, the court found it just and appropriate to allow the petition. The court granted anticipatory bail to the petitioner, directing that in the event of his arrest, he shall be released on bail upon executing a personal bond for a sum of Rs.1,00,000 with one surety for the like amount, subject to certain conditions including appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Grant of Bail - Petitioner, accused No.1, sought anticipatory bail in FIR No.21/2020 for offences under Sections 498A, 355, 506 r/w 149 IPC and Sections 3 & 4 of Dowry Prohibition Act - Court considered that parties were young (petitioner aged 28, complainant aged 24), complainant had recently delivered a male baby, other accused (Nos.2-6) had already been granted anticipatory bail, and parties were considering amicable resolution - Held that it was just and appropriate to allow the petition and grant anticipatory bail subject to conditions (Paras 1-6).
Issue of Consideration
Whether anticipatory bail should be granted to the petitioner (accused No.1) in a case involving offences under Sections 498A, 355, 506 r/w 149 IPC and Sections 3 & 4 of the Dowry Prohibition Act, given the possibility of amicable settlement and the fact that other accused have already been granted anticipatory bail.
Final Decision
Petition allowed. The petitioner shall be released on anticipatory bail in the event of his arrest in Crime No.21/2020 of Nandagudi Police Station, on executing a personal bond of Rs.1,00,000 with one surety for the like amount, subject to conditions including appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Dowry Prohibition Act
- IPC sections 498A
- 355
- 506
- 149
- reconciliation between parties
- young age of parties
- recent childbirth
- parity with co-accused
