KIRAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner/accused No.1 in Crime No.209/2023, registered by R.T Nagar, Police Station, Bengaluru City, for offences punishable under Ss. 498A, 504, 323 and 306 read with Sec. 149 of Indian Penal Code is before this court under Sec. 438 of Cr.P.C., seeking anticipatory bail.

(2.) Heard Smt. Belle R. learned counsel appearing for the petitioner and Smt Anitha Girish, learned High Court Government Pleader appearing for the respondent- State.

(3.) On the complaint lodged by one Smt.Mallamma on 1/7/2023, FIR in Crime No. 209 of 2023 came to be registered by R.T.Nagar Police Station, Bengaluru City, for offence punishable under Sec. 498A, 504, 306 and 323 read with Sec. 149 of Indian Penal Code as against the petitioner and five others. In the complaint, it is averred that, daughter of complainant i.e. Kanyakumari was in love with the petitioner and same was informed by Kanyakumari to the complainant and other family members in the year 2021. Thereafter, on 20/1/2022, the marriage of Kanyakumari was performed with the petitioner. It is further averred in the complaint that, petitioner had informed Kanyakumari that he would be working and residing in Bangalore but after the marriage he had started working at Kalaburagi. Misunderstanding between the couple developed and as a result of the same, petitioner and his family members started ill-treating and torturing Kanyakumari and hence, she left the matrimonial home and started residing with her parents at Bangalore. She also got issued legal notice to the petitioner, seeking divorce and said notice returned as petitioner had refused to receive the same. Request made by Kanyakumari with the petitioner to shift to Bangalore and reside at Bangalore yielded no result. On 1/7/2023, at about 9.30 am, Kanyakumari, locked herself inside in the room at her parents house and thereafter, she did not open the door for quite long time. The complainant saw through the window of another room that her daughter had hanged herself. Immediately, they broke open the door of the room and the body was brought down and shifted to the hospital and in the hospital, it was declared that Kanyakumari had died. It is in this background, complaint came to be lodged on 1/7/2023, which had resulted in registering FIR in Crime No.209 of 2023. Apprehending his arrest in the said case, the petitioner had filed bail petition in Crl.Misc.No.7035 of 2023 before the XLV Additional City Civil and Sessions Judge, Bengaluru and same came to be dismissed on 7/8/2023. It is under these circumstances the petitioner is before this Court, seeking anticipatory bail.