LAWS(KAR)-2011-1-229

RAMAIAH, JAYAMMA W/O RAMAIAH AND VENKATESHA S/O RAMAIAH Vs. STATE OF KARNATAKA BY KYATHASANDRA POLICE STATION REPRESENTED BY LEARNED SPP

Decided On January 13, 2011
Ramaiah, Jayamma W/O Ramaiah And Venkatesha S/O Ramaiah Appellant
V/S
State Of Karnataka By Kyathasandra Police Station Represented By Learned Spp Respondents

JUDGEMENT

(1.) PETITIONERS are said to be the father -in -law, mother -in -law and brother -in -law of the deceased Savitha @ Narasamma are before this Court seeking anticipatory bail in respect of a case registered against them in Cr. No. 306/210 by Kyathasandra police, for the offences punishable under Sections 498 -A and 304 -B of IPC r/w Sections 3 and 4 of the D.P. Act.

(2.) SUBMISSION of the Petitioners Counsel is that, the deceased consumed poison and before that there was scuffle between her and her husband and initially, a case was registered UDR and only after two days, FIR came to be lodged. The Presence of the Petitioners is not required and no recovery is to be effected from them and considering the age of the Petitioners and they being in no way responsible for the death of the deceased, merely because they happens to be the close relatives of the husband, Petitioners also have been roped in by the police on the complaint lodged toy the father of the deceased.

(3.) HAVING thus head both sides and taking note of the submissions made by the Petitioners' Counsel in particular and also in regard to the fact that the Petitioners said to be the close relatives of the husband and the deceased also said to have consumed poison following the scuffle between her and her husband and FIR also being made after two days, all these factors therefore inclines this Court to grant anticipatory bail to these Petitioners by imposing conditions to safeguard the prosecution interest.