A.MUNISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court seeking for anticipatory bail in the event of their arrest in Crime No.52/2020 pending on the file of XXX Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 506 , 341 , 120B , 34 , 504 , 498A , 380 , 323 and 354 of IPC.

(2.) The case of the petitioners is that the complainant is the wife of the deceased Karthikeyan .M, who was son of petitioner Nos.1 and 2 and elder brother of petitioner Nos.3 to 5. The said Karthikeyan expired on 03.01.2020 on account of Cardiac arrest and respiratory problem and it is only subsequent to his death, there were certain disputes which arose between the petitioners and the complainant and her family members with regard to the estate left behind by the deceased Karthikeyan.

(3.) Prior to the death of Karthikeyan, there were no disputes between the parties. They were living together, attending functions and there was congeniality among themselves. It is only subsequent to the death of Karthikeyan, the complainant has started misbehaving with the petitioners and wanted to take away all the amounts and properties left behind by the deceased. It is on account of the death of the Karthikeyan, there were various issues which arose between the parties. On 17.03.2020, the complainant and her parents come to the house of petitioner Nos.1 and 2 at that time, the complainant and her parents assaulted petitioner Nos.1 and 2 and in view thereof, petitioner No.2 had filed a complainant with the K.P. Agrahara Police Station, Magadi Road, which came to be registered as Crime No.49/2020 for the offence punishable under Sections 34 , 504 , 323 , 354 and 380 of IPC. It is contended that complainant had filed a complaint on 18.03.2020, which is a counter blast to the said complaint, which came to be registered as Crime No.52/2020 and is now pending before the XXX Additional Chief Metropolitan Magistrate, Bangalore. The petitioners are before this Court apprehending their arrest on account of false complaint filed by the complainant as a counter blast to the complaint filed by petitioner No.2 against the complainant and her parents.