SHIVAKUMARA N.V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Crime No.353/2023, registered by Jnanabharathi Police Station, Bengaluru District, for the offences punishable under Ss. 506, 498-A, 504, 324 of IPC and Ss. 3 and 4 of Dowry Prohibition Act, is before this Court under Sec. 438 of Cr.P.C., seeking anticipatory bail.

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

(3.) On the basis of the complaint dtd. 6/10/2023 lodged by Smt. Kavitha, wife of the petitioner herein, FIR in Cr.No.353/2023 was registered by Jnanabharathi police station for the offences punishable under Ss. 506, 498-A, 504 and 324 of IPC and Ss. 3 and 4 of Dowry Prohibition Act. In the complaint, it is averred that the marriage of the complainant with the petitioner was solemnized on 4/5/2012 and at the time of the marriage, as per the demand made by the petitioner and his family members, dowry was paid. After the marriage, the petitioner was not properly taking care of the complainant. The child born to the couple is a special child. Therefore, the petitioner was not happy with the complainant and he was ill treating and torturing the complainant. In the year 2017, the complainant allegedly had given birth to second child and even thereafter, the petitioner continued to ill treat the petitioner. On 28/9/2023 at about 9.30 p.m., the petitioner allegedly assault the complainant with machete on her head and caused injuries and also criminally intimidated her. For the injury sustained in the said incident, the complainant had taken treatment in a private hospital and thereafter, she has lodged a complaint before the police. Apprehending arrest in the said case, the petitioner has field a Crl. Mis. No.9936/2023 before the XLV Addl. City Civil and Sessions Judge, Bengaluru which was rejected on 18/10/2023. Therefore, the petitioner is before this Court.