LAWS(KAR)-2014-12-293

PARASHIVA Vs. STATE OF KARNATAKA

Decided On December 26, 2014
Parashiva Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 438 of Cr.P.C., seeking for release on bail in the event of their arrest in Crime No. 207/2014 of Arakere Police for the offences punishable under Sections 323, 498(A), 302, 304(B) and 114 IPC read with Sections 3 and 4 of the Dowry Prohibition Act.

(2.) THE case of the petitioners is that their son Pradeep married D.S. Nikitha about two years back. After the marriage, there is a partition between the father and son with regard to the ancestral property. As per the release deed dated 29th September 2012, a share in the joint family property has been given to his son. From that day, he is living separately from the petitioners. However, Nikitha committed suicide on 14.11.2014 at about 5.30 p.m. The father of Nikitha filed a complaint against the husband as well as the father -in -law and mother -in -law alleging that due to the dowry harassment Nikitha committed suicide and to take action. On the basis of the said complaint, a case was registered against the husband as well as the father -in -law and mother -in -law of deceased Nikitha.

(3.) SRI . Nageshwarappa, learned Govt. Pleader appearing for the respondent contended that in the complaint lodged by the father of Nikitha, it was clearly mentioned that at the instance of the petitioners, the son was demanding dowry. In view of the harassment given, Nikitha committed suicide. Hence, petitioners' role is also there in the death of Nikitha and they are not entitled for anticipatory bail.