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Judgment
S Vishwajith Shetty, J
Accused Nos.2 and 3 in Crime No.261 of 2023 registered by Honnali Police Station, Davanagere, for the offences punishable under Sections 498-A, 323, 302, 304-B, 504, 506 read with Section 34 of IPC and under Sections 3 and 4 of DP Act, are before this Court under Section 438 of Cr.P.C.
Heard learned counsel for the parties.
The complainant H Sharath, son of Hanumanthappa, who is the younger brother of deceased Rekha has lodged a typed complaint on 14.09.2023 before the Honnali Police Station, Davanagere, wherein, it is averred that his elder sister Rekha was married to accused No.1 - Ningaraju about 5 years prior to the date of complaint. The petitioners herein are the mother and brother of accused No.1. In the complaint, it is averred that at the time of marriage, the members of the complainant's family had given dowry as demanded by the accused persons. From the wedlock, the couple have two children. It is alleged in the complaint that after the marriage, there was constant demand for additional dowry by the accused persons and in furtherance of such demand, the accused persons were ill-treating the complainant's sister Rekha.
On 11.09.2023, accused No.1 and Rekha had gone to their relatives house to attend death ceremony and on their way back to home, accused No.1 allegedly abused and assaulted Rekha. It is further alleged that near Holeharalahalli cross, he stopped his bike and pushed down Rekha from his bike, who allegedly fell down on the road and suffered grievous injuries on her head and other parts of the body. Though, immediately she was shifted to the hospital, she succumbed to the injuries on 14.09.2023. Thereafter, a complaint was lodged which resulted in registering FIR in Crime No.261 of 2023. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.1221 of 2023 on the file of the I Additional District and Sessions Judge, Davanagere, which came to be rejected on 18.10.2023. Therefore, they are before this Court.
Learned counsel for the petitioners having re-iterated the grounds urged in the petition prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the bail application and prays to dismiss the petition.
From the reading of complaint averments, it is seen that the allegations made against the petitioners herein is that, they were ill-treating the complainant's sister Rekha who was married to accused No.1. The material produced before the Court would go to show that the petitioners was residing separately and accused No.1 and his wife were residing separately. Further, even as per the complaint averments, there is no allegation against the petitioners with regard to the incident that had allegedly taken place on 11.09.2023. The allegation of pushing down deceased Rekha from bike is only against accused No.1. Further, though the said incident had taken place on 11.09.2023, no complaint was lodged till 14.09.2023. It is only after Rekha died on 14.09.2023, the complainant had approached the police and lodged the complaint. In the circumstances, I am of the opinion that the petitioners who are the mother and brother of accused No.1 have made out a case for grant of anticipatory bail. Hence, the following:
ORDER
Criminal Petition is allowed.
The respondent - police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.261 of 2023 registered by Honnali Police Station, Davanagere, for the offences punishable under Sections 498-A, 323, 302, 304-B, 504, 506 read with Section 34 of IPC and under Sections 3 and 4 of DP Act, subject to the following conditions:
The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) each with two sureties each for the likesum to the satisfaction of the investigating officer.
Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioners shall not involve in similar offences in future.