KALPANA N.B. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting anticipatory bail in Crime No.16/2022 registered by the Ballari Railway Police Station for an offence punishable under Sec. 306 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for brevity).

(2.) Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent/State.

(3.) The case of the prosecution is that, one Sri.Sanna Hanumantappa, who is the father of the deceased, filed a complaint before the police on 17/5/2022 alleging that, his son namely Abhishek, aged 23 years, said to have fell in love with accused No.1 long back when they were working at VIMS Hospital, Ballari wherein the 1st petitioner is stated to be staff Nurse and his son stated to have completed Paramedical course. When himself and his son had been to the Hospital for applying to the post of staff Nurse, they came in contact with the 1st accused. After sometime, the complainant-father of the deceased went to the house of the parents of accused No.1 taking the proposal of marriage. They asked to wait for two years. Thereafter, they did not show any interest to get their daughter married to the son of the complainant. Therefore, son of the complainant was got married to one Mangalagowri. His son left his wife in the house of the complainant and was residing at Bellary and was working in the Health Department. The 1st petitioner was working at Sandur as Staff Nurse in the Government Hospital. Subsequently, on 16/5/22 at 11:50pm his son stated to have contacted the complainant through telephone and on the very next day i.e. on 17/5/2022 at 10:00 am the complainant came to know that his son had committed suicide by dashing to a running train. After identifying the body, the police stated to have seen a chit left by the deceased as dying declaration that, these petitioners are the cause for committing suicide. After registering the case, the police making hectic efforts to arrest the petitioners, approached Sessions Judge, seeking anticipatory bail, which came to be rejected. Hence, they are before this Court.