SHOBHA RANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners apprehending their arrest and detention in custody by the Women Police Station, Ballari in Crime No.156/2019 for the offences punishable under Sections 498(A), 494, 504, 448, 323, 506, 307 r/w 34 of IPC and under Section 3 and 4 of D.P. Act, 1961, are before this Court seeking to be enlarged on anticipatory bail in the event of their arrest.

(2.) Crime No.156/2019 has been registered on the basis of a complaint dated 01.10.2019 by the complainant Malathi against the petitioners and other accused persons alleging that she is the first wife of accused No.1 therein, accused No.2 is the mother of accused No.1 and accused No.3 is the second wife of accused No.1. The complainant states that the complainant is the daughter of accused No.1 and sister-in-law were in love with each other and wanted to marry, the accused No.2 mother-in-law abused the same for the dowry purposes. However, the petitioner and accused No.1 got married on 25.05.2014 and out of their wedlock they had begotten a male child Dayanand on 18.12.2015 and were leading happily married life. However, on account of the interference of accused No.2 mother-in-law, accused No.1 husband started abusing her and her son physically and mentally and on 20.04.2015, accused No.1 had thrown them out of his house. The complainant has further stated that accused No.2 mother-in-law got accused No.1 husband married to one Shobha Rani from Andhra Pradesh, without the knowledge and or consent of the complainant. After having enquired about the same, the complainant states that the accused No.1 took her to the Sub-registrar office at Ballari on 11.09.2019 and got the marriage registered and obtained the marriage certificate. The complainant has further stated that on 28.09.2019 at about 3.00 a.m., in the early morning accused No.1 husband, accused No.2 mother-in-law and accused No.3 the second wife of accused No.1 tress passed on the house of complainant abused her and tried to kill her and her minor son. They suffered grievous injuries and were taken for treatment at VIMS Hospital, Ballari. Based on the above ground the above complaint has been filed.

(3.) The petitioners had approached the II Add. District and Sessions Judge, Ballari (trial Court) seeking to be enlarged for anticipatory bail and the same came to be rejected by the trial Court by its order dated 16.11.2019 in Crl.M.P.No.910/2019. The trial Court was of the opinion that the allegations which have been made are serious in nature and anticipatory bail cannot be granted at that stage even though the offence alleged are not punishable with death or imprisonment for life. The trial Court was of the opinion that on account of the actions of the accused in trying to commit the murder of the complainant and the minor baby the same amounted to heinous offence and the petitioners were not entitled for grant of anticipatory bail.