LOKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned HCGP takes notice for the respondent-State.

(2.) This petition is filed by accused Nos. 2, 3, 4, 6 and 7 seeking anticipatory bail in the event of their arrest by respondent - police in Crime No.49/2023 dtd. 10/4/2023 registered by Kalaburagi City Women Police Station for the offences punishable under Ss. 498A, 323, 324, 355, 504, 506, 307 read with Sec. 34 of IPC and Ss. 3 and 4 of Dowry Prohibition Act, 1961.

(3.) The factual matrix of the prosecution case are that, one Smt. Hemalata lodged a complaint before the respondent-police alleging that her marriage was solemnized with accused No.1 Manik Jadhav on 15/4/2022 as per the customs prevailing in their community and in the marriage her parents have given 25 Tolas of gold, cash of Rs.20,000.00 and household utensils i.e., A.C., Fridge, Washing Machine, Bed Cot, Sofa Set, TV etc., thereby they have totally spent Rs.37.00 lakhs. It is further alleged that after the marriage, the complainant and accused No.1 lead happy marital life for about 15 days only. Thereafter, the accused persons started harassing the complainant by abusing that she is not cooking properly and does not wash clothes properly and they used to abuse her in filthy language and beat her for the reason that her parents given little dowry at the time of marriage and they demanded to bring 10 Tolas of gold and Rs.10,000.00 as additional dowry from her parents and gave a threat that otherwise she will be finished. The parents of the complainant advised the accused persons that they have already given dowry. It is further alleged in the complaint that the in-laws of the complainant also involved in the alleged harassment to the complainant. It is the specific case of the complainant that on 14/10/2022 the complainant and her husband have shifted to Gubbi Colony, Kalaburagi, by taking house on rent and they started residing separately, but there also accused No.1 started harassment his wife by consuming alcohol. Accused No.1 told that earlier they have killed by hanging the wife of his brother i.e., petitioner No.1, herein, and to that effect a complaint was already lodged before the Women Police Station, by saying so he threatened the complainant with dire consequence and also assaulted her over her body with an intention to kill her. He also kicked on her stomach and chest and made an attempt to kill her by pressing her neck. Hence, the complainant lodged complaint before the respondent-police on 10/4/2023. Based on the said complaint the respondent-police registered a case against 9 accused persons including the petitioners in Crime No.49/2020, as stated supra.