MEENAKSHI ALIAS SAROJINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioners/accused Nos.3 to 6 under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) for granting anticipatory bail in Crime No.0214/2021 of Yellapura Police Station for the offence punishable under Ss. 498A, 344, 347, 323, 307, 511, 504, 506, 120B, 109, 149 of the Indian Penal Code, 1860 (hereinafter referred as 'IPC', for short ) and Sec. Nos.3 and 4 of Dowry Prohibition Act (hereinafter referred as 'DP Act').

(2.) The case of the prosecution is that one Archana W/o Vishal Vernekar, daughter-in-law of first and second petitioners had filed complaint to the Police on 2/12/2021 alleging that her marriage was performed with accused no.1- Vishal Vernekar, who is son of first and second petitioners on 28/12/2018 at APMC Raitha Bhavan, Yellapura as per Hindu rituals and customs. Out of their wedlock, a mail child was also born. At the time of marriage, complainant's parents have given 150 grams of gold ornaments and 600 grams of silver articles and other articles. After marriage, for some time her husband and his family members looked after her well till birth of a mail child. Subsequently, her husband was staying at Mumbai on work. After the birth of child and naming ceremony, they did not call the complainant to their house. Complainant was residing at her matrimonial house at Karwar. Accused nos.3 to 6-petitioners herein started harassing the complainant physically and mentally when her husband was at Mumbai. At the instance of petitioners herein who are accused nos.3 to 6, accused no.1 also started harassing complainant physically and mentally.

(3.) On 2/8/2012, accused no.1-complainants husband took her to Mumbai along with child. They reached Mumbai railway station at 10.30 am on 3/8/2012. He left both complainant and her child in railway station till 2.30 p.m. Thereafter, he took them to his house in an apartment. Accused No.3 said that her husband accused no.1 has married accused no.2 and he also insisted her to live with them in the said house at Mumbai. Accused nos.1 and 2 have scolded complainant and attempted to commit her murder by throttling her neck and detained her illegally in that house. After escaping from them complaint came to be lodged by complainant against accused Nos.1 and 2 and they are arrested as accused. Complainant has taken the name of Petitioners herein in the complaint hence, apprehending their arrest petitioners have filed anticipatory bail petition before I Addl. District and Sessions Judge, Karwar and the same came be rejected. Hence, petitioners are before this Court seeking anticipatory bail.