SARASWATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.3 under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.56/2020 of Rural Police Station, Ballari registered for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 3 and 4 of the Dowry Prohibition Act, 1965.

(2.) It is the case of the prosecution that, the complainant's daughter's marriage was performed in the year 2016 with one Ramanjini (A-1) son of Yerupula Yellappa of Guggarahatti village and at the time of marriage complainant has paid Rs.1,00,000/- cash and 30 grams of gold and performed the marriage infront of his house. After the marriage, for the sake of dowry petty harassment were given by accused No.1, the husband of the deceased and his parents. The complainant came to know the same through his daughter. It is further alleged that four months back, husband and his parents assaulted and driven her out of the house to bring additional dowry, for that, Panchayat was conveyed and matter was settled. It is further alleged that after two months of this, the daughter of the complainant came to Molkarmuru during the Faburary-2020 for Siddeshwar Jatra and she stayed for one week and the complainant sent her to her husband's house at the request of her in-laws on 13.02.2020, even though she was refusing to go to her husband's house. The complainant used to enquire her on phone. On 23.02.2020 at about 9.00 p.m. complainant called over phone, her daughter told her in-laws have threatened to kill her, if she do not bring additional dowry. On 24.02.2020 at about 10.30 a.m. when the complainant enquired about his daughter on phone, they told that his daughter has gone out of their house leaving the child. Complainant and others came to Ballari at about 3.00 p.m. to her daughter's house and enquired the mother-in-law and they did not disclose anything about the daughter and they went back and again came on 26.02.2020, the in-law's house was locked. Then the complainant has lodged missing complaint before the Mahila Police Station and expressed suspicion on the in-laws. Thereafter, dead body of the daughter of complainant was found in Kanekal Kere and complainant and her relatives went and saw and identified the dead body of Meghna. Complainant again lodged another complaint and same came to be registered in Crime No.56 of 2020 of Rural Police Station for the offence punishable under Section 304B , 302 and 498A read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. Petitioner/ accused No.3 apprehending of arrest, has filed petition sought anticipatory bail in Crime No.38/2020 and the same came to be rejected by order dated 18.05.2020 by the Principal District and Sessions Judge, Ballari. Thereafter, charge sheet has been filed for the offence punishable under Sections 304B and 498A read with Section 34 of IPC and Sections 3 and 4 of the D.P.Act. After filing of the charge sheet, the petitioner/ accused No.3 again filed a petition seeking anticipatory bail in Criminal Miscellaneous No.254 of 2020 and the same came to be rejected by Principal District and Sessions Judge, Ballari by order dated 22.07.2020. Therefore, petitioner is before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioner/accused No.3 and the learned High Court Government Pleader for the respondent-State.