PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) is filed seeking for grant of anticipatory bail in Crime no.132/2024 of Rattihalli Police Station for offences punishable under Ss. 85 and 108 read with Sec. 3 (5) of Bharatiya Nyaya Sanhita, 2023 ('BNS, for short) is filed by accused no.1 to 3 (petitioners).

(2.) Smt.Sarvamangala B.C., learned counsel for Sri M.R. Hiremathad, advocate for petitioners submitted petitioners were innocent law abiding citizens, without criminal antecedents and permanent residents of Anaji village, Rattihalli Taluka. They were however, apprehending arrest in pursuance of a false complaint filed on 11/11/2024 by Smt.Girijamma (complainant) stating about eight years earlier her daughter Sharadha (victim) married Prakash Ballari (accused no.1). As told by victim, though they led happy married life initially, later accused no.1 along with his parents (accused no.2 and 3) began torturing her and quarreling frequently sending her to maternal home, with demands for dowry and by stating in case she failed, they would get accused no.1 married to another. However, victim was consoled and sent back. It was further stated that victim had come back once again for about one month during October previous year and returned to Anaji village on 6/11/2024. But at about 4:00 p.m. on 10/11/2024, complainant received call from one Shivanagouda resident of Meduru village informing that her daughter had committed suicide. On seeing victim s body kept in hospital and finding ligature mark on her neck she suspected same was due to dowry harassment by petitioners and sought action. Based on above, Crime no.132/2024 was registered by Rattihalli Police Station for aforesaid offences.

(3.) It was submitted, offences alleged were under Ss. 85 and 108 read with 3 (5) of BNS. It was submitted, maximum punishment for offence under Sec. 85 i.e. cruelty against married women was 3 years, while in case of offence of abetment of suicide was imprisonment of upto 10 years. However, except making general allegations about harassment with demand for dowry, there were no specific overt acts alleged against petitioners individually. It was further submitted, marriage of victim and petitioner no.1 was solemnized more than eight years earlier and couple had two sons born to them. There was no assertion about any act which could be stated to be grave enough to have lead victim to commit suicide. It was submitted, complaint was lacking in specific material to constitute 'abetment, except blanket allegations against all petitioners. It was submitted, learned District Judge rejected bail petition by relying on decision in case of Daxaben v. State of Gujarat, reported in (2022) 16 SCC 117, which would in fact favor petitioners herein.