AKTHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by petitioner -accused No. 2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of her arrest for the alleged offences punishable under Sections 498(A), 302 and 201 r/w Section 34 of IPC registered in respondent -police station Crime No. 204/2013.

(2.) THE brief facts of the prosecution case as per the averments in the complaint are that the complainant lodged the complaint on 26.5.2013 alleging that deceased and the first accused marriage was performed about 8 years prior to the incident. After the marriage, petitioner and first accused were not taking care of the deceased and deceased was staying with her mother in Bombay. About four years back, petitioner and the first accused approached the mother of the deceased and assured that they would take care of the deceased and took her back to Channapatna. At that point of time, petitioner and first accused received a sum of Rs. 1,00,000/ - from the mother of the deceased for the purpose of business. When the deceased stayed with the petitioner and the first accused at Channapatna, they started ill -treating her physically and mentally pressurizing her to bring additional dowry of a sum of Rs. 1,00,000/ -. Complainant advised the petitioner and the first accused in this regard. About 15 days prior to the incident, petitioner and the first accused shifted their family to Kenchapura Doddi farm house. On the date of incident at about 3.00 p.m. the complainant had visited the farm house and talked to her and on the same day at about 12.00 a.m. first accused informed the complainant that deceased caught with fire. On the basis of the said complaint, a case has been registered for the above said offences.

(3.) I have perused the averments made in the petition, FIR, complaint, order of the lower Court and other materials placed on record.