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justiceseeker   22 December 2014

In which state should I apply for 498a anticipatory bail?

Hi all, please guide me. Should I apply for anticipatory bail for an expected false 498a case in the state of Karnataka where my wife and me reisde now or in Andhra where her parents are residing? If the Bangalore court grants me, my sister and brother inlaw and my parents anticipatory bail, can it prevent the arrest of my parents living in Vijayawada, if my wife chooses to go back there and file the case? My parents live in Vijayawada, Andhra PRADESH. Wife's parents live in Machilipatnam, Andhra pradesh. We got married in Machilipatnam and we both are currently staying in Bangalore now. We never lived in Vijayawada. My sister and her husband are currently living in Bangalore. My Wife is threatening to file a false 498a on me, my parents, my sister and brother in law. Am not sure whether she will file the case in Bangalore or go back to her parents in Andhra and file there. In which state should I apply for anticipatory bail for all of us? I, my sister and brother-in-law are in Bangalore and parents are in Andhra. Should I apply for anticipatory bails seperately for four of us as per our states of residence? Kindly advise.


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 6 Replies

Balaji (Self)     22 December 2014

You have to apply for Anticipatory bail where the complaint filed and wait some time if she is going to andhra she may file there,then U have to apply there only..

justiceseeker   22 December 2014

Hi Balaji, thanks for the reply. I would like to apply for "Anticipatory" bail before she files the case so that I can avoid arrest. I do not know where she is going to file the case. Please advise what I should do in this case.

Balaji (Self)     22 December 2014

If she is staying with her parents she may file case there and you can apply there...

justiceseeker   22 December 2014

I am not sure at this point, whether she will file 498a in Andhra or in Karnataka. And I want to apply and get anticipatory bail before she files 498a. Should I apply for bail in both Andhra and Karnataka?

justiceseeker   23 December 2014

Can someone clarify the above question please.

harrassed (SE)     23 December 2014

Hi justiceseeker, First of all be strong mentally. The police cannot arrest you without proper interrogations in 498a case. Please refer to the July 2014 judgement from supreme court. You will have sufficient time to file for anticipatory bail even after the case is filed as the police officer has to get approval from the local magistrate to proceed with arrest. If she do not have any physical hurting on her then the police will not urge for arrest which gives you time to get the AB if required. Good luck.

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