Mohiddin Arshad vs State Of Karnataka, Through Mangalore Women Police Station, Reprented By Spp, High Court Building, Bengaluru-560001

Rajendra Badamikar, J

This petition is filed by Accused No.2-Mohiddin Arshad praying for relaxation of Condition Nos. 1 & 5 imposed by the VI Additional District and Sessions Judge, Mangalore, D.K District, in Crl. Misc. No.983/2023.

The petitioner was prosecuted for the offences punishable under Sections 498A, 323, 504, 506 r/w. 34 of IPC and also for the offence under Sections 3 & 4 of the Dowry Prohibition Act, 1961, and on the basis of complaint lodged, the case in Crime No. 103/2023 was registered by the Women Police Station, Mangalore. Apprehending his arrest in the said case, the petitioner/Accused No.1 and Accused No.2 have approached the learned VI Additional District and Sessions Judge, Mangalore, by filing a petition in Crl.Misc. No.983/2023 seeking anticipatory bail. The learned Sessions Judge has allowed the petition vide order dated 27.11.2023 by passing the following order:-

“The application under Section 438 of Cr.P.C. filed on behalf of the petitioners is allowed. They are enlarged on bail executing personal bond for a sum of Rs.50,000/- each with one local surety for likesum in the event of their arrest in Crime No.103/2023 of Mangalore Women Police Station pending on the file of JMFC –III Court, Mangalore, D.K.

This order is subject to the following conditions:-

i) They shall appear before the Investigating Officer and furnish surety within 15 days.

ii) They shall not indulge in any offences in future and tamper the prosecution witnesses in any manner.

iii) They shall co-operate with the Investigating Officer in the investigation.

iv) They shall attend the trial Court regularly on all the dates of hearing.

v) They shall not leave the country without prior permission of the court till the conclusion of the trail.

vi) They shall surrender their passports if any, to the I.O. till the disposal of the case.

In the event if violated any of the conditions, the prosecution would be at liberty to seek the cancellation of the bail.”

Now this petition is filed by the petitioner/Accused No.1 seeking relaxation of Condition Nos. 1 & 5. Condition No.1 is regarding appearance of petitioner/Accused No.1 before the Investigating Officer within 15 days from the date of order to furnish surety and Condition No.5 is regarding not to leave the country without prior permission.

Learned counsel for the petitioner would submit that he would not press the prayer regarding relaxation of Condition No.5.

Learned counsel for petitioner further submitted that, for various reasons he could not appear before the Investigating Officer within the stipulated period.

Considering the above submission, Condition No.1 imposed by the learned Sessions Judge in Crl.Misc. No.983/2023 vide order dated 27.11.2023, is relaxed and the petitioner/Accused No.1 is directed to surrender before the Investigating Officer on or before 13.03.2023 to avail the benefit of anticipatory bail granted by learned sessions Judge in Crl.Misc.No.983/2023.

Accordingly, the petition stands allowed in part.