Delay in Filing FIR Undermines Credibility of Threat Allegations Karnataka High Court Dismisses Petition for Bail Cancellation

Karnataka High Court, presided by Justice S. Vishwajith Shetty, dismissed a petition seeking the cancellation of bail granted to Ashwani Jaiswal, the second respondent, in Smt. Kiran Giri v. State by Parappana Agrahara Police Station & Anr. The petitioner, Jaiswal’s wife, had alleged that he violated his bail conditions by threatening her. The court, however, held that there was no substantial ground for cancelling the bail, particularly highlighting the delayed filing of the FIR and the respondent’s compliance with bail conditions.

The case originated from a matrimonial dispute between the petitioner, Smt. Kiran Giri, and respondent No.2, Ashwani Jaiswal. Jaiswal had been charged under Section 498A of the Indian Penal Code, 1860, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961. Following these charges, the respondent was granted anticipatory bail by the Sessions Court on August 11, 2021, which was subsequently converted into regular bail on August 25, 2021. The petitioner approached the High Court seeking the cancellation of this bail, alleging that her husband had threatened her to withdraw the case.

The central issue was whether Jaiswal had violated the bail conditions by allegedly threatening the petitioner. The petitioner argued that the threat constituted a violation of condition No.2 of the bail order, thus justifying its cancellation. The respondent countered, stating that the allegations were false, made to harass him amidst ongoing matrimonial disputes.

The court closely examined the delay in lodging the FIR regarding the alleged threat. The incident reportedly occurred on November 23, 2022, but the FIR was filed only on December 17, 2022—nearly 25 days later.

Justice S. Vishwajith Shetty emphasized that the delay in filing the FIR raised significant questions about the credibility of the allegations. The judgment noted:

“Though the alleged incident in Crime No.448/2022 had taken place on 23.11.2022, the first information was belatedly lodged on 17.12.2022, which is nearly after a period of 25 days.” [Para 9]

Further, the court observed that since the dismissal of a similar application before the Sessions Court, the respondent had not violated any bail conditions. The prosecution supported this by stating that Jaiswal had been regularly attending court and complying with all orders.

In the absence of any clear evidence of bail condition violations and the questionable credibility of the allegations due to the delay in the FIR, the court ruled that there were no valid grounds for the cancellation of the respondent’s bail. The court found that:

“Respondent No.2 has been appearing before the Trial Court regularly on the dates of hearing.” [Para 10]

The High Court, therefore, upheld the previous bail order and dismissed the petition for bail cancellation.

The Karnataka High Court, finding no merit in the petitioner’s claims of bail condition violations, refused to cancel the bail of respondent No.2, Ashwani Jaiswal. The delay in filing the FIR and the respondent’s consistent compliance with court orders played a crucial role in the court's decision to dismiss the petition.

Date of Decision: September 21, 2024

Smt. Kiran Giri v. State by Parappana Agrahara Police Station & Anr.