AZEEM UNNISSA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are accused 2 to 5 facing charges for offences punishable under Sections 498-A, 323 and 504 of IPC along with one Rahulla, accused No.1. THEy are not yet arrested. Apprehending arrest, they are seeking for a direction under Section 438, Cr.P.C. to the Investigating Officer to release them in the event of arrest.

(2.) FROM the prosecution papers, it is noticed a woman by name Sabeena was rushed to the hospital on 8.3.2011 for treatment of burn injuries she had suffered. Her statement was recorded in which she revealed she was married to accused No. 1 Rahulla and out of their wedlock, she gave birth to a child. She was living in the accommodation occupied by her husband and petitioners. She alleged that despite demands of petitioners and her husband Rahulla, having been met by her parents' three years ago at the time of marriage, their greed was not satisfied and they continued to pester her to, secure additional dowry. They harassed her continuously resulting in mental turmoil and physical pain. While in this situation, she tried to reconcile but it was of no avail. Her husband Rahulla was aggressive and deprived her of consortium of married life. He was drunkard and indulged in violence frequently. On 8.3.2011, he picked up quarrel and assaulted her. Being unable to bear the onslaught, she threatened to commit suicide and poured kerosene on herself. She set fire, which resulted in injuries. However, while under treatment, the second statement was recorded in which she directly indicted her husband Rahulla as the person who had not only poured kerosene but set fire. Subsequently, she was again examined by the Taluka Magistrate before whom she gave a further statement revealing the harassment caused to her by the petitioners herein along with her husband. On that basis, the petitioners are also arrayed as accused numbers 2 to 5 along with accused No. 1.

(3.) WHILE the learned prosecutor opposes bail, pointing out that precious life of an innocent girl soon after marriage is lost due to burn injuries caused by the petitioners and thus they are not entitled to bail.