SIDDAGANGAMMA AND SUJATHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is by accused Nos. 3 and 5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent -police to release the petitioners in the event of their arrest for the offences punishable under Sections 143, 120(b), 498A, 324, 504, 506 r/w Section 149 of IPC registered in respondent -police station Crime No. 523/2013. The brief facts of the case as per the averments in the complaint are that on 29.8.2013 the complainant Smt. Lakshmi Devi made a complaint to the respondent -police stating that on 7.2.2004 she entered into wedlock with Rangaswamy and she has two male issues who are studying in school. On 28.6.2013 at about 9.30 a.m. complainant's husband Rangaswamy, his father Rangaswamaiah, mother Bhaghyamma, Bhagyamma's sister Siddagangamma and their mother Sujathamma all residing in Janatha colony, Dasanpura Hobli with a common intention called the complainant in the guise of her sister -in -law's marriage, threatened her to give all her jewels or else they would kill her by pouring kerosene. They caught hold of her and assaulted her with sticks and hands causing injuries to her private parties and snatched her golden jewellery worth Rs. 3,00,000/ -. Even they tried to pour kerosene on her body, but she escaped. On the basis of the said complaint, case has been registered. On the apprehension of their arrest, petitioners have filed this petition.

(2.) HEARD the learned counsel appearing for the petitioners and the learned Government Pleader appearing for the respondent -State.

(3.) PERUSING the date of incident and also the complaint lodged, it is seen that prima facie there is a delay of two months in lodging the complaint. The offences alleged are all triable by the Magistrate Court. The petitioners have pleaded in the petition that they are innocent and they have been falsely implicated in the case and they are ready to abide by any reasonable conditions to be imposed by this Court. The offences are not exclusively punishable with death or imprisonment for life. With regard to the apprehension of the prosecution that if anticipatory bail is granted, the petitioners may tamper the prosecution witnesses and they may abscond, reasonable conditions can be imposed which will safeguard the interest of the prosecution. With regard to the apprehension of their arrest at the hands of the respondent -police petitioners have made out a case and their apprehension is well founded.