JAYALAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.3 and 4 in S.C.No.156/2023 pending on the file of Civil Judge and JMFC, Bainduru, Udupi Disrict, arising out of Crime No.12/2023 registered by Bainduru Police Station, Udupi, for the offences punishable under Ss. 504, 498-A, 323, 302, 112 read with Sec. 34 of Indian Penal Code, are before this Court under Sec. 438 of Cr.P.C., seeking anticipatory bail.

(2.) Heard the learned counsel for the parties.

(3.) On the complaint of Sri. Narayana Nayari dtd. 19/1/2023, FIR in Cr.No.12/2023 was registered by Bainduru police initially, for the offences punishable under Ss. 307, 109 read with Sec. 34 of IPC against Shivashankara Nayari and others. The petitioners herein were arrayed as accused Nos. 3 and 4 respectively, in the FIR. The injured Vijayalakshmi subsequently died in the hospital while undergoing treatment on 31/1/2023. After her death, Sec. 302 of IPC has been invoked as against the accused. Investigation is completed and charge sheet has been filed. Apprehending arrest in the said case, the petitioners had filed Crl. Mis. No.677/2023 before the Court of Addl. District and Sessions Judge, Udupi (sitting at Kundapura) which was dismissed on 11/10/2023. Therefore, the petitioners are before this Court