FIRASAT KHAN AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard. I.A.1/2016 is allowed and the learned counsel for the de facto complainant is permitted to assist the learned High Court Government Pleader. The present petition is filed by the petitioner/accused Nos. 1 to 3 under Sec. 438 of Criminal Procedure Code, seeking anticipatory bail in Crime No.33/2016 of Woman Police Station, Bidar for the offences punishable under Sections 498-A, 323, 504, 506 and 307 of Indian Penal Code Read with Sections 3 and 4 of the Dowry Prohibition Act.

(2.) Brief facts of the case are that, complainant is the wife of petitioner No. 1. Petitioner No.2 is mother-in-law and petitioner No.3 is brother-in-law of the complainant. After the marriage, complainant was residing with petitioner No. 1 and led the marital life. But, thereafter the petitioners started ill-treating and harassing her by demanding dowry and the said fact was also informed to the parents of the complainant. It is the further case of the complainant that two years after the marriage, further the petitioners started demanding the dowry and started ill-treating and harassing her both physically and mentally. It is further alleged that after some time, the complainant became pregnant and on 30.06.2015 the petitioners have driven drew out the complainant from the house and on 13.02.2016, the complainant gave birth to a male child. It is also alleged that on 13.02.2016 in the evening at about 5.00 p.m., when the complainant was admitted to hospital for delivery and after giving birth at 5.20 p.m., the petitioners tried to kill the child. It is further alleged that on 19.10.2016 at about 2.00 p.m., all the petitioners entered the house where the complainant was residing and had beaten and abused her in filthy language and tried to murder the child. When the torture and ill-treatment was continued, the complainant filed the present complaint on 22.10.2016. On the basis of the said complaint, a case was registered against the accused persons in Crime No.33/2016 for the offences punishable under Sections 498-A, 323, 504,506 and 307 r/w Sec. 34 of Penal Code and also for the offences punishable under Sections 3 and 4 of Dowry Prohibition Act.

(3.) Heard the arguments of the learned counsel for the petitioners and also learned High Court Government Pleader appearing for respondent-State.