GOPAL ATMARAM NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No .1 challenging the order dtd. 6/6/2022 passed in Criminal Miscellaneous No .235/2022 by the II Additional District and Sessions Judge, Uttara Kannada, Karwar whereunder the petition filed by the appellant/accused No.1 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereina fter referred to as the 'Cr.P.C .', for brevity) seeking anticipatory bail in respect of Crime No .41/2021 of Ankola Police Station registered for the offences punishable under Ss. 498A, 323, 504, 506 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Ss. 3(1)(r)(s)(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (hereina fter referred to as 'SC & ST (POA) Act', for brevity), came to be rejected.

(2.) Heard learned counsel for the appellant, learned counsel appearing for respondent No.2 and learned High Court Government Pleader for respondent No.1-State.

(3.) The case of the prosecution is that one Smt. Manjula W/o . Gopal Naidu has filed the complaint stating that her marriage was performed with the appellant/accused No.1 on 31 .08 .2014 and after her marriage she went to the house of her husband situated at Hosagadde village. It is further stated that on the first day itself her mother-in-law by name Baby has started ill treating her and behaved in a rude manner and thereafter they were not eating food prepared by her and throwing it in gutters and make her to go to starvation . After her husband leaving the house, her in-laws were abusing her by taking her caste and ill treating her stating that she has to hear them and even assaulted her on difference occasions. They were torturing her by making false allegations against her to her husband. It is further stated that after one month after completing Ashadha Masa she returned to her husband's house and when she entered the house her mother-in-law, father-in-law once again started ill treating her and provoking her husband to assault her for which she had taken treatment at Government Hospital, Kodligate. It is further stated that as the ill treatment was severe she did not sustain and she left the home of her husband in the month of February - 2015. It is further stated that on 15/6/2015 she has le ft to Dharwad to complete her Ph.D. course and she stayed in a hostel at Dharwad. Her in-laws have blocked the mobile number of her husband. In the month of July-2015 she returned to Bangaluru, by that time her husband and family members left the house without intimating her. It is further stated that during June-2018 she called her husband on mobile phone, she came to know that her husband is in Dubai. It is further stated that she recently noticed that her husband found with another lady and on her hand she has a tattoo written as Ananya-Gopal. The said complaint came to be registered in Crime No.22/2021 of Mundgod Police Station for the offences punishable under Ss. 323, 498A, 504 read with Sec. 34 o f IPC and Ss. 3 and 4 of Dowry Prohibition Act, 1961. The said complaint subsequently transferred to Ankola Police Station which came to be registered in Crime No.41/2021 for the aforesaid offences. Ankola Police after the investigation filed the charge sheet against the appellant and three others for the offences punishable under Ss. 323, 498A, 504, 506 read with Sec. 35 of IPC and Ss. 3(1)(r)(s)(2)(va) of the SC and ST (POA) Act. The appellant/accused No.1 apprehending his arrest filed Criminal Miscellaneous No.235/2022 seeking anticipatory bail and the same came to be rejected by the II Additional District and Sessions Judge, Uttara Kannada, Karwar by order dtd. 6/7/2022. Therefore, the appellant/accused No .1 has challenged the said order in the instant appeal.