Calcutta : Petition by Accused of "Matrimonial Offences" Allowed
On 17 June 2021, a Ld. Court in Calcutta in connection with Taltala PS Case 37/2021 had granted anticipatory bail to a man who was accused of offence of subjecting the women to cruelty. Accused had argued that the footing of the "present accused/petitioner is more or less same with the [other] accused persons already enlarged on anticipatory bail". The punishment for offence under S.498A of IPC can go upto 3 years and the term "cruelty" is defined in the Explanation to S.498A of IPC. S.498A is not only applicable on the husband, but it is also applicable on the relative of the husband.
Hon'ble Court took the view that "present case is outcome of a matrimonial dispute" and "Court is inclined to take a lenient approach" "even if incriminating material" is there. However, it was added in the Judgment that the accused has to abide by the conditions given in S.438(2) of Code of Criminal Procedure, 1973 ["Code"]. It is useful to note that the application under S.438(1) of Code can be made to either High Court or to Court of Sessions.
[Source : Guwahati Court Reporter (GCtR)]
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