FAYAZ KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned SPP.

(2.) THE present petitioners 1 and 3 are the brothers of accused No. 1, who was said to be the husband of the deceased Salma. It is the complainant's case that Salma was married to accused No. 1 about 1 1/2 years prior to the incident and from day one, she was ill treated for dowry by the petitioners as well as accused No. 1. Petitioners 2 and 4 are the respective wives of petitioners 1 and 3 and that they were all together ill treating Salma. It is on that basis, a case has been registered for offences punishable under Sections 504, 323, 304 -B and 201 of IPC. The petitioners having approached the court below seeking anticipatory bail, the same has been rejected on the footing that the matter is under investigation and since the death of the woman has occurred within a short period after the marriage, it is clearly a serious case and therefore, has rejected the application for bail.

(3.) AS already stated, the petitioners were living away from the deceased and her husband and had nothing to do with their personal life, even the fact that the matter is still pending investigation and notwithstanding that though they were living in separate houses in village, and it was possible that there was proximity in relationships, given the fact that petitioner No. 4 is said to be in an advanced stage of pregnancy and that petitioner No. 2 the sister -in -law of accused No. 1, has an infant who needs her attention. The very fact of their relationship with the deceased would not lead to a presumption of their involvement in the commission of the alleged offences. Therefore, the petitioners 2 and 4 have made out a case for grant of relief.