• How to know whether my in-laws have taken bail for 498a case

1. I have lodged 498a case one month back from bangalore and my in laws stay in chennai till now they have not replied to my area police station where the FIR is lodged and since there is no communication with them, how will i know whether they have taken bail or not. if suppose they have taken bail in session court how will i know that they have taken the bail.
2. My father in law is a fraud and i want to prove that he is fraud and very weird character and because of his bad character he was been suspended many times from his govt job and i just want to prove in the court his fraudness how can i do it, Can i request the court to get the Service report of my father in law and also he is big liar, he has assaulted me saying that he is a jailer and he can do anything watever he likes but i got to know from people that he was not a jailer and he faked and lied watever he said at the time of marriage and he cheated me and my parents only because of money
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Muslim
1. Whether or not they have sought bail can be ascertained only from the court. To find this out you should seek the assistance of a local lawyer who will be able to keep you in the loop. 

2. Your query is silent on what fraud has been committed by him and how it is linked to your marriage. His service report can be produced in the court to prove his criminality. 

3. He has no right to assault you whoever he might be. If you have been assaulted by him then prosecute him in accordance with the law. You will require proof of the fraud committed by him. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1)anticipatory  bail will have to be taken by your in laws  from bangalore only as FIR has been registered in bangalore . 

2) you can verify from sessions court whether any such application has been made . your lawyer will do the needful . as per latest SC judgement when FIR is lodged accused have to attend police station for recording their statement . if prima facie case is made out police will submit report to magistrate . your inlaws would be granted AB if they apply to sessions court 

3)if your FIL in law has assaulted you then you should have immediately filed police complaint against him . obtain a medical certificate as to nature of your injuries 

4)your FIL suspension has no co relation with your 498A case . 

5) if your FIL had cheated you and your family members then file complaint of cheating against him . 


Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
You can get information from the District Court or High Court in Bengaluru  about bail of your in-laws.
If they got already bail then you can file a Criminal Revision petition for cancellation of bail in Bengaluru High Court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. If you contact the Investigation Officer then you will come to know  whether they have got the bail or not. Even on perusal of the 498A case record will give you this information.

2. In the 498A case his previous acts of fraud is not of much importance just now. During your evidence you can produce such proofs. In those fraud cases you can not take any action but in your own case you can bring those proofs but at the time of your evidence only. Try to get certified copies of his past cases including order of his jail remand.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Dear Querist
the Investigation Officer is bound to informed you if any accused apply for bail because at the time of filing the bail they have to supply 3 copy of the bail petition, one for court, one for IO & one for complainant. you can checked the same with the help of a lawyer in your area where the case is pending.

you Father in law is lair or not and had suspend or not all the matter are matter of trial and at the time of trial you can proved your allegations.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Where the crime was committed ? Is it in Chennai or Bangalore.The legal position where FIR is registered in respect of crime committed outside Banghalore and where no part of the offence has been committed within the jurisdiction of Bangalore that such FIRs should be transferred to the State concerned and also there should be no refusal of registration of FIR. In all those cases where there is a refusal of registration of FIR, even where cognizable offence is reported, disciplinary action should be taken against such police officers. The Courts are unnecessary being burdened with complaints or writ petitions, where directions are sought for registration of FIRs.”  

So Better to meet the investigation officer(Circle inspector of police ) and enquired about you case position. 
Father in laws previous acts of fraud is not of much importance it may only consider secondary evidence .
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi, 

If they have obtained anticipatory bail, they should have reported to the police station where the complaint is lodged by now.

If they have applied to anticipatory bail and is pending, the police will still know as prosecution seeks case dairy from police. So please enquire in the police station. 

Alternatively you can check in the court by referring FIR number if there is any anticipatory bail petition is pending.

Please feel free to contact me if you need assistance in checking the status in court.

Thanks and regards,
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1. The 498A complaint is required to be filed at the police station having jurisdiction on the place where the dowry harassment has taken place,

2. Did they torture you at Bangalore where you have filed the 498A complaint?

3. You can find from the Court where the case had appeared to be heared by the police, if you know the no. of the case filed by the police based on your FIR,

4. You can find the information from the police station where you have filed your FIR,

5. What is your locus standii for exposing your father in law's general misdeeds?

6. You can file a complaint/case against his assualt committed on you and inconnection with the said case, you can try to expose him. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) SC has directed police not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters provided under Section 41 of criminal procedure code".

2) since notice has been issued under section 41 A of Cr P C and your husband in laws have failed to appear police have powers to arrest your husband/in laws subject to orders passed by court . 

3) you wont be entitled to your father service report . 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. No, they have to file anticipatory bail before Bangalore High Court or session Court, or without arresting they can not file regular bail before court.

2. You may file an Application under RTI before the department and get the same.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
An arrest is the act of depriving a person of their liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system. The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law.

India has a well-established statutory, administrative and judicial framework for criminal trials. Cr.P.C. is a comprehensive and exhaustive procedural law for conducting a criminal trial in India, including the manner for collection of evidence, examination of witnesses, interrogation of accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail, process of criminal trial, method of conviction, and the rights of the accused for a fair trial.

The police officers are more vigilant for arresting the accused person after the judgment pronounced by the supreme court of India in Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 .

No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. 


So never think about the in laws arrest and its procedure, Conduct the case in proper way to prove that you had to cause grave injury or danger to life, limb or health from in laws and husband s act. Such cruelty consists of
 (a) willful conduct by her husband or relative of husband of such nature as is likely to drive you to commit suicide or cause you grave injury, or 
(b) harassment to coerce you into meeting dowry demands.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. Why would they report to police for bail? Bail whether AB or Regular is to be sought from the court. How does the question of regular bail even arise in this case at pre-admission stage? As I said previously, you should engage a local lawyer to ascertain whether they have sought bail or not. The casual attitude of police is well know, so do not rely on them.

2. You can take recourse to RTI to get the necessary details.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. Your rapport with the local police station at Bangalore enabled you to register the said FIR anginat your husband and inlaws for dowry harassment which took place at Chennai,

2. Are sure that FIR has been filed by Bangalore Police? Have you received the FIR No.? In fact the said FIR should have been filed at appropriate police station at Chennai where the cause of action took place,

3. If your husband and inlaws have not have not reported to the Bangalore police station then why is Bangalore police not making investigation and finally arresting them? 

4. I find some thing is amiss as it is not clear to me as to how Bangalore police has registered FIR against a crime committed at Chennai. However, more details are required in this regard,

5. As per latest Supreme Court Order, police will not make any arrest against 498A complaint without making investigation,

6. So, ask your IO at Bangalore police station to investigate in to yourr complaint and make arrest of the accused, provided FIR has really been recorded at Bangalore police station,

7. His general behaviour or behaviour with others has nothing to do with your complaint of dowry harassment.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. They have to take bail form jurisdictional magistrate, i.e., in Bangalore. I guess they have not yet approached the court for bail. (there might be chances that the bail petitioner may be still pending)

2. You can file application to call for those records once the case comes on trial. Depending on the merits of your application, judge decide on the same. 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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