Siddharth L.T. & Others vs State Of Karnataka & Others

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on transit bail in the event of their arrest in connection with FIR

No.725/2021 registered by Disha Women Police Station, Vishakapatnam City, for the offences punishable under Sections 498(A), 506 and 509 of IPC

read with Sections 3 and 4 of the D.P.Act.

Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents/State.

The factual matrix of the case is that the complainant - wife of petitioner No.1 had lodged a complaint against these petitioners making an allegation

that these petitioners have subjected her for both mental and physical cruelty, caused life threat and subjected her for dowry harassment in spite of the

marriage was taken place in the year 2015. Hence, the petitioners have approached this Court seeking for transit anticipatory bail.

The main contention of the learned counsel appearing for the petitioners is that the complainant went and joined her parental house. Based on the

complaint, notice was issued under Section 41A of Cr.P.C., directing the petitioners to appear before the police. The petitioners are ready to go and

appear before the police. Hence, they may be granted transit anticipatory bail.

Per contra, the learned High Court Government Pleader appearing for the State would submit that the case was registered at Disha Women Police

Station, Vishakapatnam City, and this Court can consider only for the transit anticipatory bail for a limited period.

Having heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and also

taking into note of the gravity of the offences and an allegation made in the complaint, the case is registered at Disha Women Police Station,

Vishakapatnam City, and the material also discloses that the notice was issued under Section 41A of Cr.P.C. When such being the factual aspects of

the case, it is appropriate to grant transit anticipatory bail for a period of 20 days from today and the petitioners can seek appropriate relief before the

appropriate forum.

In view of the discussions made above, I pass the following:

ORDER

(i) The bail petition is allowed for a period of twenty days. In the event of the arrest of the petitioners in respect of FIR No.725/2021 registered by

Disha Women Police Station, Vishakapatnam City, for the offences punishable under Sections 498(A), 506 and 509 of IPC read with Sections 3 and 4

of the D.P.Act, they may be enlarged on bail by taking a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each

for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The transit anticipatory bail is valid for a period of 20 days and within that period, the petitioners are directed to approach the appropriate forum for

seeking appropriate relief.