NISARAHMAD Vs. STATE

JUDGEMENT

(1.) The petitioners have filed this petition under Section 438 of Code of Criminal Procedure seeking grant of anticipatory bail in Crime No.51/2020 of Jalanagar Police Station, Vijayapura for the offences punishable under Sections 498A , 302 , 304B read with Section 149 of Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) The brief contention of the petitioners is that complaint was lodged by one Sri. Rajesab, father of the deceased-Nikatah Kausar alleging that the marriage of his daughter-Nikatah Kausar was performed with accused No.2-Riyazahmed on 06.05.2018 at Vijayapura. It is further alleged that during the marriage, the complainant has given amount of Rs.5,00,000/- and 05 tolas gold along with other equipments. It is further alleged that the said deceased was working earlier at Shirahatti. At that time her husband and his family members requested the deceased to take transfer to Vijayapura. Then she started visiting her husband's house twice in a month. Thereafter, she was transferred to Shegunashi. It is further alleged that the deceased was depositing the salary to the accounts of mother-in- law and husband. Her mother-in-law used to give the amount for her expenditure. It is further alleged that in the year 2018 father of deceased retired from the service and he has received retirement benefit. The accused insists the deceased to bring Rs.5,00,000/- out of retirement benefits. Then she went to her parents' house and informed the same to her parents. Again she went to her husband's house and parents of the deceased advised husband and wife. On 14.05.2020 she telephoned to one Yaseen and informed that her husband and mother-in-law were not ready to give motorcycle or car to go to her for duty at Shegunashi. When he enquired them they refused to give key of the motorcycle or car. In this regard there was quarrel. Then Yaseen went there and advised them not to quarrel. On the same day at night 09.30 p.m. accused No.2-Riyazahmed telephoned her parents stating that the deceased has taken tablets in the evening and she was admitted to BLDE Hospital. On the next day in the early morning on 15.05.2020 they went to BLDE Hospital. Thereafter, they came to know that the deceased died on the previous night at 10.00 p.m. On the basis of complaint lodged by complainant, the police have registered the case in Crime No.51/2020 at Jalanagar Police Station, Vijayapur for the aforesaid offences.

(3.) The learned counsel for the petitioners contended that the learned I Additional Sessions Judge, Vijayapur has rejected the anticipatory bail petition. So, petitioners have filed this petition on the ground that the deceased was a government servant working as a Nurse and she was making up and down from Shegunasi. The deceased use to leave her house in the morning at 06.00 a.m. and returning back at 08.00 p.m. There was no occasion for the accused to mingle with daughter of complainant. Petitioner No.1 is the brother of accused No.1, petitioner No.2 is the sister of accused No.1 and they are students. It is further stated that deceased was frustrated to stay in a joint family. In view of heavy duty imposed due to Covid-19, she consumed some tablets on the date of incident, some abnormality was found by the petitioners' family member. They took her to Bhagyavanthi Hospital, from there to BLDE Hospital where she was breathed her last. Petitioner Nos.3 and 4 are the maternal uncles and they are residing separately and they are government servants. The respondent - police are visiting to their house for their arrest. Petitioner Nos.1 and 2 are the students and petitioners No.3 and 4 are the Government Servants, so question of absconding does not arises at all. The petitioners are ready and willing to abide by any conditions. So, with these main grounds, the petitioners prayed to allow the petition.