Case Note & Summary
The petitioners, Mohammed Farooq and Umme Khair, who are the father-in-law and mother-in-law of the complainant, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in Crime No.136/2020 registered at Devarajeevanahalli Police Station, Bengaluru. The FIR was lodged by Smt. Aimen Shazin on 08.06.2020 alleging that her husband Mohammed Tariq Imran and her in-laws were harassing her with demand for dowry. The offences alleged include Sections 3 and 4 of the Dowry Prohibition Act, 1961, Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and Sections 506, 34, 498A, 504, 323, and 343 of the Indian Penal Code, 1860. The petitioners contended that they were not directly involved in the demand for dowry and that no custodial interrogation was required. The court, after hearing both sides, observed that the petitioners are the parents of the husband and that the allegations against them did not warrant custodial interrogation. The court granted anticipatory bail to the petitioners subject to certain conditions, including that they shall appear before the Investigating Officer as and when required and shall not tamper with evidence. The court also directed that the petitioners shall be released on bail in the event of arrest on furnishing a personal bond of Rs.1,00,000 each with one surety.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Prima Facie Case - Petitioners, being in-laws, were not directly involved in demand for dowry and no custodial interrogation was required - Held that anticipatory bail should be granted to petitioners subject to conditions (Paras 1-3).
Issue of Consideration
Whether the petitioners, being accused No.2 and 3 (in-laws), are entitled to anticipatory bail under Section 438 Cr.P.C. for offences under Dowry Prohibition Act, Muslim Women Act, and IPC.
Final Decision
The court allowed the petition and granted anticipatory bail to the petitioners subject to conditions: they shall appear before the Investigating Officer as and when required, shall not tamper with evidence, and shall be released on bail in the event of arrest on furnishing a personal bond of Rs.1,00,000 each with one surety.
Law Points
- Anticipatory bail
- Dowry Prohibition Act
- Muslim Women (Protection of Rights on Marriage) Act
- Prima facie case
- Custodial interrogation
