HARI NARAYANA G.K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. seeking anticipatory bail in the event of arrest of the petitioner/accused No.1 in Crime No.47/2022 of Hassan Women Police Station, registered for the offences punishable under Ss. 498A , 323 , 324 , 504 , 506 , 307 and 114 read with Sec. 34 of IPC and under Ss. 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of IV Addl. Civil Judge and JMFC, Hassan.

(2.) Heard the arguments advanced by the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Perused the records.

(3.) The brief factual matrix leading to the case are that the marriage of the complainant was solemnized with petitioner on 20/6/2021 and during the marriage sufficient dowry was paid in the form of cash and gold and all the marriage expenses were borne by the parents of the complainant. Thereafter the complainant joined the petitioner for leading matrimonial life and it is alleged that all along she was subjected to ill-treatment by the petitioner and other family members and she was not provided any proper food. There are serious allegations made in the complaint that her husband is impotent, not able to perform sex and as such she was compelled to have sex with her husband's brother i.e. her brother-in-law so as to get a child. Later on it is alleged that on 25/5/2022 at about 11.30 p.m. she was physically assaulted and there was an attempt to throttle her neck by using wale. Then she returned to her parents house. In this regard she lodged a complaint on 15/9/2022 at about 2.30 p.m. On the basis of the complaint a crime came to be registered and apprehending his arrest the petitioner is seeking anticipatory bail as his anticipatory bail petition came to be rejected before the learned sessions judge.