ASHOK PRAVEEN PEREIRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned HCGP accepts notice for respondent. In the instant petition, petitioners have sought for anticipatory bail under Section 438 of Cr.P.C. in Crime No.7/2020 of Kankanady Police Station for the offence punishable under Sections 504 and 306 r/w 34 of IPC on the file of 7th JMFC Court, Mangaluru City, Dakshina Kannada District.

(2.) Petitioners before approaching this Court, they have filed petition under Section 438 of Cr.P.C. before I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru in Crl. Misc. No.172/2020, which was rejected on 15.02.2020. Hence, the present petition.

(3.) Brief facts of the case are that petitioner No.1 married one Jane Mariya D'Souza on 20.11.2016. Petitioner No.1 was working at Muscat. Initially, the deceased-wife of petitioner No.1 was looked after by petitioner Nos.1 and 2 very well. When deceased could not conceive, petitioners alleged to have started to harass the deceased - Jane Mariya D'Souza. From time to time, deceased - Jane Mariya D'Souza was conveying the harassment meted out by her in-laws to the complainant. At one point of time, mother of the deceased - complainant sorted out the issue. The alleged harassment was meted out to the deceased for about two years. On 14.01.2020 at about 11.00 p.m., deceased took extreme step of consuming poison. Petitioners took the deceased to the local hospital for treatment. Since treatment was not materialized, she was shifted to the Mangaluru Wenlock Hospital at the behest of brother of deceased viz., Jovin D'Souza. The petitioners have not informed the complainant about the incident that deceased had consumed poison and she was taken to the hospital in the mid-night of 14.01.2020. The complainant was informed by the petitioners only on 15.01.2020, whereby the complainant's son - Jovin D'Souza made necessary arrangement for shifting his sister to Mangaluru Wenlock Hospital. However, she died on 16.01.2020 at about 9.37 p.m.