UDAYAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in Crime No.112/2023 registered by Avalahally Police Station, Bangalore Rural District for the offences punishable under Ss. 498A and 307 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for short) and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as 'DP Act' for short) is before this Court seeking anticipatory bail.

(2.) Heard the learned counsel for the parties. Petition was dismissed against accused no.1/petitioner no.1 on 17/8/2023 since he was arrested.

(3.) On the basis of complaint lodged by one Anjappa S/o. Late Muniswamy dtd. 24/3/2023, Avalahally Police had registered FIR in Crime No.112/2023 for the aforesaid offences against one Udayakumar and the petitioner herein. In the complaint it is alleged that complainant's daughter - Kavitha was married to accused No.1 - Udayakumar about five years prior to the date of complaint. It is alleged in the complaint that at the time of marriage, as per the demand made by the accused persons, complainant had given gold jewellery to accused No.1. Accused persons were allegedly harassing the complainant's daughter and demanding her to bring dowry from her parents' house. This was brought to the notice of the complainant by his daughter and therefore, a panchayath was also held. Inspite of advising the accused No.1, he continued to harass and torture complainant's daughter. On 24/3/2023, complainant's son - Somashekar received a phone call from Manjunath informing him that Kavitha was admitted to hospital. Immediately, complainant and his relatives went to the hospital and found that Kavitha was under treatment in ICU and she was not in position to speak. Complainant noticed some injuries on her neck and he therefore, had approached the police and lodged a complaint stating that accused persons had hanged his daughter - Kavitha and attempted to kill her. It is in this background, FIR in Crime No.112/2023 was registered against the accused persons. Apprehending the arrest in the said case, petitioner/accused No.2 had filed Crl. Misc. No.690/2023 before the Court of VIII Additional Distirct and Sessions Judge, Bengaluru Rural District, Bengaluru, which was dismissed on 3/5/2023. Under these circumstances, the petitioner is before this Court.