GANGADHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner -accused No. 1 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 his arrest for the offences punishable under Sections 498A, 324, 307 r/w. sec. 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act registered by the respondent -police in Crime No. 281/2013.

(2.) THE brief facts of the prosecution case as on 27 -11 -2013 at about 12.30 p.m. Srirangappa made the written complaint stating that he had three daughters, of them, Shobha attained marriageable age. As they learnt about the petitioner both the parents met together and marriage talks had been held. The second accused Lakshmamma had demanded a gold chain, gold ring and cash of Rs. 50,000/ - and also asked for providing gold ornaments to the daughter. The marriage was performed on 24 -01 -2012 at his expenses and ornaments and cash demanded was given. The couple lived at Meesaganahalli for about 4 -5 months. Later, petitioner acting as a mouth piece of his mother started demanding cash of Rs. 50,000/ - for taking house in Bangalore on lease telling that failing which, there was no need for her to come back. She was sent back to her parent's house. Later, he had held talks with elders of the village and left his daughter at the matrimonial house. Then they had been quarreling on four occasions and the same was set right. On 24 -11 -2013, somebody called him on phone that on 22 -11 -2013 during night petitioner and his mother had beaten Shobha and admitted her to Hospital at Srinivasapura. Accordingly, on 25 -11 -2013, he came to the hospital and saw his daughter injured Shobha with 16 stitches on the head and also sustained injuries over the right forearm and left eye. She was not in a position to talk. Later on, Shobha was discharged and admitted at Pavan Nursing Home. She was assaulted only on the ground that she had not procured the cash as desired. On the basis of the said complaint, case has been registered against the petitioner and accused No. 2, the mother of the petitioner.

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