Case Note & Summary
The petitioners, who are the husband and in-laws of the complainant, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in Crime No.239/2018 registered at Puttenahalli Police Station, Bengaluru, for offences punishable under Sections 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The marriage between petitioner No.1 and the complainant took place on 21.6.2018, but marital life lasted only two months, after which the complainant allegedly started quarrelling and physically assaulting the petitioners. The complaint was lodged, and after investigation, a charge sheet was filed. The learned counsel for the petitioners argued that the offences alleged are bailable and non-cognizable, and since the charge sheet has been filed, custodial interrogation is not required. The learned High Court Government Pleader (HCGP) for the respondent-State opposed the petition, arguing that the petitioners may abscond or tamper with evidence. The court considered the nature of the offences and noted that Sections 323, 504, and 506 IPC are bailable and non-cognizable. The court held that since the charge sheet has already been filed, custodial interrogation of the petitioners is not necessary. The court allowed the petition and granted anticipatory bail to the petitioners subject to conditions, including executing a personal bond of Rs.1,00,000/- with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission. The court also directed the petitioners to mark their attendance before the Investigating Officer on the first day of every month until the conclusion of the trial.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Bailable Offences - Where the offences alleged are under Sections 323, 504, 506 IPC, which are bailable and non-cognizable, and charge sheet has been filed, custodial interrogation of the accused is not required. The court granted anticipatory bail with conditions to secure the presence of the accused. (Paras 4-5) B) Indian Penal Code - Bailable Offences - Sections 323, 504, 506 IPC - Non-Cognizable - The offences of voluntarily causing hurt, intentional insult with intent to provoke breach of peace, and criminal intimidation are bailable and non-cognizable. Hence, the accused are entitled to anticipatory bail as there is no need for custodial interrogation. (Paras 4-5)
Issue of Consideration
Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 323, 504, 506 read with Section 34 IPC, where the offences are bailable and non-cognizable, and charge sheet has already been filed.
Final Decision
The petition is allowed. The petitioners are granted anticipatory bail subject to conditions: executing a personal bond of Rs.1,00,000/- with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission. They shall also mark their attendance before the Investigating Officer on the first day of every month until the conclusion of the trial.
Law Points
- Anticipatory bail
- bailable offences
- non-cognizable offences
- custodial interrogation
- Section 438 CrPC
- Sections 323
- 504
- 506 IPC
