RADHA BAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under Section 438 of Cr.P.C., the petitioners-1 to 5 who are arraigned as Accused Nos.1 to 5 in Crime No.61/11 of Town Police Chitradurga, registered for the offences punishable under Sections 143, 504, 306 r/w. 149 of IPC, have sought for the relief of anticipatory bail apprehending their arrest in connection with the aforesaid non-bailable case registered against them inter alia on the grounds that, they are innocent persons and they have not committed any of the acts alleged in the complaint and even if the entire complaint allegations are accepted as true and correct, it does not make-out any case against them and that they have reasonable apprehension of their arrest by the respondent-police, as such, they are entitled for the relief of anticipatory bail. The petition is opposed by the prosecution.

(2.) I have heard the learned counsel on both sides.

(3.) One N.R. Divakardesai Gowda, lodged a complaint at about 1.00 a.m. on 28.02.2011 to the effect that his neighbourer Saritha has committed suicide by hanging inside her house and at about 5.45 p.m., on 27.02.2011, there was a quarrel between the petitioners herein on one hand and the deceased Saritha on the other hand, on the ground that she abused them over telephone for petitioners-4 & 5 having sent obscene messages to her cell phone and during that quarrel, the petitioners herein abused the deceased in filthy language in the public view and also asked her to go and die and in that background, she committed suicide by hanging. On the basis of the said complaint, the case was registered and investigation was taken up.