RAHIMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of regular bail in Crime no.261/2024 by Mudhol Police Station for offence punishable under Sec. 108 read with Sec. 3(5) of Bharatiya Nyaya Sanhita 2023 ('BNS', for short) by accused no.1 and 2.

(2.) Sri Vittal S. Teli, learned counsel for petitioners submitted, about 9 years ago petitioner no.1 (accused no.1) had married Tayyabu (victim). On 2/10/2024, petitioners were arrested on basis of complaint filed by mother-in-law of petitioner no.1 dtd. 9/9/2024 stating that her son Tayyabu had married Rahima (petitioner no.1) about 9 years ago and were residing in Mudhol, where victim was working as a Fireman in Fire Department. It was submitted, they did not have any children. Since 2 - 3 years, Rahima was quarreling with him on flimsy reasons inviting advise/consoling by complainant. But about a year earlier, altercations between husband and wife had also invited intervention by Mudhol Police and counseling before Santwana Kendra.

(3.) It was stated that three months prior to incident, Rahima had filed divorce petition and went back to her maternal home. On 5/9/2024, victim telephoned her to come over as he was unable to manage having food outside. And when she went there, on evening of 8/9/2024 victim went for work after having dinner and returned late. When asked for reason, he told her that his wife Rahima was calling him often, but his advocate had advised him not to pick-up call. When complainant asked him to receive call, Rahima demanded for Rs.5000.00 per month as maintenance, to which he replied that as she was having illicit affair with someone else and should approach said person for maintenance. But Rahima abused him in vulgar words. Immediately, victim asked complainant to return back to her town and also offered to see her off. While returning when she found that her son was not following her, she went back at around 12:00 p.m., but found him hanging on a rope tied around his neck and roof angular. Thereafter neighbours came there and brought down body. Immediately intimation was given to police station.