N. ANANDA KUMAR Vs. STATE

JUDGEMENT

(1.) This criminal petition is filed by the petitioners/accused Nos. to 4 Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .' for short) for granting anticipatory bail in C.C.No.177/2019 and (PCR No.148/2017) on the file of the Civil Judge and JMFC at Pandavapura, Mandya for the offences punishable under Ss. 302 , 304-B read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short).

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent No.1. Learned counsel for respondent No.2 remained absent.

(3.) The case of the prosecution is that the first petitioner married one Lavanya on 2/6/2014. Subsequently when she was in the matrimonial home on 16/11/2014, as she was suffering from some disease and she was taken to the hospital where he was declared dead. Based on the first information given by the mother of the deceased, the police initially registered the case in Crime No.456/2014 for the offence punishable under Ss. 498-A , 304 , 504 read with Sec. 34 of IPC and Ss. 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter referred to as 'the D.P. Act', for short). The petitioners were arrested and they have been remanded to judicial custody in the above said case. After the completion of investigation, the police filed charge sheet by dropping Sec. 304- B of IPC and filed charge sheet only for the offence under Sec. 498-A read with Sec. 34 of IPC and Ss. 3 and 4 of the D.P. Act. The same was registered as C.C.No.119/2015. Subsequently, the accused were released on bail after filing of charge sheet in the said case. Thereafter, the mother of the deceased filed a private complaint after three years in PCR No.148/2017 alleging that the accused persons have committed the murder of his daughter and also demanded dowry. Based on the PCR, sworn statement of the complainant was recorded. Learned Magistrate by the impugned order, took cognizance of the offence punishable under Sec. 302 and 304-B read with Sec. 34 of IPC and NBW has been issued. Hence, the petitioners apprehending their arrest have filed this petition seeking anticipatory bail.