Ujjal Bhuyan JUDGMENT
B.V. Nagarathna, J.
1. Leave granted.
Bird's Eye View of the Controversy:
2. We begin this Judgment by an illustration:
A person allegedly under intoxication beats another person with an iron rod in the State of Goa. The victim of the attack is injured. The alleged assailant travels to Rourkela, Odisha, where he is working in a factory. Meanwhile, the family of the injured registered a First Information Report (FIR) for the offence of causing grievous hurt Under Section 326 of the Indian Penal Code (IPC) at the Bicholim Police Station, Goa. On coming to know about the same and apprehending his arrest, the alleged assailant files an application for anticipatory bail before the District and Sessions Judge, Sundargarh, Odisha, having jurisdiction over Rourkela. Whether the alleged assailant's application is maintainable or not? Such a question has come for consideration before this Court in the present appeal.
Facts of the case:
2.1. The present appeals have been filed by the complainant-wife, against the orders dated 07.07.2022 passed by the learned Additional City Civil and Sessions Judge Bengaluru City in Criminal Misc. No. 3941/2022, 3943/2022, 3944/2022 and 3945/2022. By the said orders, the learned Additional City Civil and Sessions Judge Bengaluru City has granted anticipatory bail to the Accused-husband and his family namely, Accused Nos. 2, 3 & 4 in FIR No. 43/2022 which alleged commission of offences Under Sections 498A, 406 and 323 of the Indian Penal Code, 1860 ('IPC', for short), registered by the complainant-wife at Chirawa Police Station, District Jhunjhunu, Rajasthan.
2.2. In view of the above, we take note of the social reality of criminal complaints relating to dowry harassment, cruelty and domestic violence arising out of unsuccessful matrimonial relationships. With the increasing migration of young people for marital and career prospects, supplemented by the forces of economic liberalization, a significant number of couples hail from two different States, with the corollary being that the matrimonial home of a complainant-wife is located in a different State from where her parental home is located.
3. According to the complainant-wife (Appellant herein), the facts giving rise to the present appeal, in a nutshell as gathered from the material on record are:
3.1. The complainant-wife got married to the Accused-husband on 11.12.2020 and started living in Bengaluru.
3.2. On 09.11.2021, the Accused-husband filed a divorce petition M.C. No. 5786/2021 Under Section 13 of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Bengaluru, Karnataka. Notice was issued in the divorce petition on 15.11.2021.
3.3. On 07.03.2022, the complainant-wife filed Transfer Petition No.590/22 before this Court to transfer the case from the Principal Judge, Family Court, Bengaluru t........