Krishnappa Bhandri vs The State of Karnataka

A.V. Chandrashekara, J.—Petitioners are accused Nos. 2, 3 and 5 to 7 in a case registered in Cr. No. 39/14 on the file of Women police station, Davangere, for the offences punishable under Sections 498A, 302, 304B r/w 149 of IPC and Sections 3 and 4 of the D.P. Act.

Petitioner Nos. 1 and 2 are the father-in-law and mother-in-law of the deceased Rekha and petitioners 3 to 5 are the daughters of petitioner Nos. 1 and 2 and Sisters-in-law of deceased Rekha. On the basis of the first information lodged by Rekha on 02.07.2014 while she was in Govt. Hospital at Davangere, the above said case has been registered against the accused.

It is alleged in the complaint that the deceased Rekha had married accused No. 1 Suraj and it was a love marriage. Suraj was working in a Bar. The deceased Rekha and Suraj were cordially lived for few months along with her in-laws and brother-in-law. It is alleged that Suraj was insisting her to bring dowry from her parents house and in this regard, her in-laws, brother-in-law and sisters-in-laws were scolding her that she did not know how to cook food. It is alleged that she was not being given proper food and she has a female child aged about 6 months. It is specifically alleged that her husband was not looking after her properly and was always insisting her to bring dowry from her parents. On 02.07.2014, when the deceased was cooking food, her husband unnecessarily started to quarrel with her and at that point of time, her brother-in-law was also present in the house. Being unable to withstand the same, she attempted to commit suicide and at that time, accused No. 1 poured kerosene on her and lit fire on her body. Her statement was recorded by the police on 02.07.2014 and she requested the police to take action against her husband, in-laws, brother-in-law and sisters-in-law. Later on, she died due to burn injuries.

Learned HCGP has opposed the bail application on the ground that prima facie case is forthcoming in regard to the torture meted out to Rekha by these petitioners and it is too premature to disbelieve the same. He, therefore requests the Court to dismiss the petition.

Heard learned counsel for the petitioners and perused the records.

Admittedly, 4th petitioner-Veena is a married woman and is a resident of Moodabidri. She has given birth to a male child on 02.08.2014 and she needs rest. This is evident from the Xerox copy of the certificate issued by KMC hospital, Mangalore. Petitioners 3 and 5 are also married and are living in the houses of their respective husbands in Shimoga and Belthangady respectively.

What is alleged in the complaint is that all the petitioners were scolding Rekha very often stating that she did not know how to cook food. The main allegation is against accused No. 1 who was pestering her to bring dowry from her parents and he was not looking after her properly and she was not being given proper food. On the date of the alleged incident, her husband and brother-in-law were present. It is a very moot point at this stage, as to whether these petitioners were really present at the time of the alleged incident.

Suffice to state that the main allegations are against her husband Suraj and her brother-in-law. Apart from this, petitioner No. 2 is a lady and petitioner No. 1 has retired from BSNL as AGM and all of them have undertaken to obey any conditions that may be imposed on them. Thus, apprehension of learned HCGP could be suitably met with by imposing proper conditions. In this view of the matter, petitioners are entitled to be released on anticipatory bail under Section 438 of Cr.P.C. Whatever observations are made by this Court, is for the limited purpose of disposing of this petition in respect of these petitioners only and this shall not influence the learned Judge while disposing of the main case.

Hence, the petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions:-

(i) Petitioners shall be released on anticipatory bail in the event of their arrest in Cr. No. 39/14 by Women police, Davangere, on each of them executing a personal bond for a sum of Rs. One lakh each with one surety for the likesum to the satisfaction of the I.O.

(ii) They shall co-operate with the I.O. in conducting investigation, if any.

(iii) They shall not hold out threats to the prosecution witnesses in any manner.

(iv) They shall not involve themselves in any criminal activities.

(v) They shall surrender before the I.O. on or before 15.11.2014 without fail.