PARUSHARAM Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner/accused No. 1 under Section 438 of the Code of Criminal Procedure seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 143, 147, 148, 323, 302, 504, read with Section 149 of the Indian Penal Code registered in the respondent -police station Crime No. 231/2015.

(2.) THE brief facts of prosecution case are that one Shobha Laxman Bajanti, aged about 47 years, has filed the complaint before the police alleging that she is living with her family members having four children and about six years ago her daughter Gourawa and Jayashree were given in marriage to a person from Honaga and Parusharam Bhajantn respectively and Jayashree had three children. Since six months, husband of Jayashree and her mother -in -law, father -in -law, sister -in -law, maternal uncle of the present petitioner and uncle and aunt of the present petitioner were abusing and assaulting the deceased. Petitioner was harassing and beating her on the accusation that she was having illicit relation with another person. Jayashree used to tell this before the complainant on mobile as well as whenever she visited her maternal home. It is further alleged that whenever she asks earrings from her husband he refused to buy for her and used to tell her to get it from her parents. It is further alleged that on 09.09.2015 at about 2.00 p.m. the present petitioner telephoned Yallappa brother of Jayashree and told him that conduct of his sister is not proper and he should take her back and so saying petitioner disconnected the call. Thereafter, another daughter of complainant Gourawa telephoned Parusharam but call was taken by Mahadevi aunt of Parusharam and said Mahadevi informed that Jayashree had consumed poison and they are in Hukken Government Hospital. When they came and saw Jayashree, she was already dead. On the basis of the said complaint, the case has been registered against the present petitioner and other accused persons.

(3.) LEARNED counsel for the petitioner made the submission that sofar as the other accused persons are concerned, the m -laws filed petition under Section 439 of Cr.P.C. and that was allowed by the Sessions Judge and they were granted bail. He made the submission that other accused persons except the present petitioner they filed a petition under Section 438 of Cr.P.C. and that was also allowed by the Court. Learned counsel made the submission that though the alleged offence is under Section 302 of IPC, looking to the materials placed on record and the complaint averments the said offence will not be attracted. He submitted that the present petitioner is having the apprehension of his arrest at the hands of the respondent police. Hence, the counsel submitted that since all other accused persons have already been granted with bail, by imposing reasonable conditions, the present petitioner may also be admitted to the anticipatory bail.