P. Sandeep & Others Vs Inspector Of Police Women Police Station I.T Corridor, Gachibowli Cyberbara Bad, Rangareddy District, Telangana State Rep. By State P.P, High Court Of Karnatak, Bengaluru - 560001 & Ors.

Karnataka High Court At Bengaluru 5 Sep 2024 Criminal Petition No. 9084 Of 2024 (2024) 09 KAR CK 0001
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Petition No. 9084 Of 2024

Hon'ble Bench

S Vishwajith Shetty, J

Advocates

H.R. Anantha Krishna Murthy, K. Nageshwarappa

Final Decision

Allowed

Acts Referred
  • Bharatiya Nyaya Sanhita, 2023 - Section 3(5), 85, 351, 352
  • Dowry Prohibition Act, 1961 - Section 3, 4
  • Bharatiya Nagarika Nyaya Sanhita, 2023 - Section 482

Judgement Text

Translate:

S Vishwajith Shetty, J

1. Accused nos.1 to 4 in Crime No.121/2024 registered by WPS-IT Corridor (Cyberabad) Police Station, Cyberabad District of Telangana State, for the offences punishable under Sections 85, 351, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, are before this Court under Section 482 of Bharatiya Nagarika Nyaya Sanhita, 2023, seeing transit anticipatory bail.

2. Heard the learned Counsel for the petitioners and the learned HCGP for the respondent.

3. FIR in Crime No.121/2024 has been registered against the petitioners herein on the basis of the first information received from Smt. Kiranmai Brundavanam who is the wife of petitioner no.1. Petitioners apprehend that they are likely to be arrested by WPS-IT Corridor (Cyberabad) Police Station, or any other police, on their way to Cyberabad, to make necessary application before the jurisdictional Sessions Court seeking anticipatory bail. It is under these circumstances they are before this Court with a prayer to grant them transit anticipatory bail and give interim protection to them till they make necessary application before the jurisdictional Sessions Court seeking anticipatory bail in Crime No.121/2024.

4. Learned HCGP fairly does not seriously oppose the prayer made in the petition. However, he submits that transit anticipatory bail may be granted for a limited period only to enable the petitioners to make necessary application before the jurisdictional Sessions Court seeking anticipatory bail.

5. FIR in the present case has been registered against the petitioners for the offences punishable under Sections 85, 351, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. The alleged offences are triable by the Court of Magistrate. Apprehension of the petitioners appears to be genuine, and therefore, it is necessary to give them some interim protection so as to enable them to file necessary application before the jurisdictional Sessions Court seeking anticipatory bail in Crime No.121/2024 registered by WPS-IT Corridor (Cyberabad) Police Station. Accordingly, the following order:

6. Petition is allowed. Petitioners are granted transit anticipatory bail for a period of three weeks from the date of receipt of the certified copy of this order, so as to -enable them to make necessary application before the jurisdictional Sessions Court seeking anticipatory bail in Crime No.121/2024 registered by WPS-IT Corridor (Cyberabad) Police Station, Cyberabad District of Telangana State, for the offences punishable under Sections 85, 351, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, and in the event of their arrest in the above crime by the respondent-Police or any other police, they shall be released subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer;

b) Petitioners shall not tamper with the prosecution witness.

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