ATHAHAR ARAFATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent-Police have laid a charge sheet against the petitioners. The petitioners in Criminal Petition No.5204/2019 who are arraigned as Accused Nos.1 and 2 have sought for bail under Section 439 of Cr.P.C., and the petitioner in Criminal Petition No.5769/2014 who is arraigned as Accused No.4 has sought for anticipatory bail under Section 438 of Cr.P.C in Crime No.79/2019 of Jnanabharathi Police Station.

(2.) Heard and perused the records.

(3.) The brief facts of the case on hand are that the daughter of the complainant by name Smt.Tanjaya Taj was given in marriage to Accused No.1 herein about one year prior to the date of incident. The other accused persons are the relatives of Accused No.1. It is alleged that they all started harassing the daughter of the complainant during her stay in the matrimonial home. In spite of several panchayaths, the dispute could not be resolved. In this back ground, it is alleged that on 30.03.2019, the daughter of the complainant informed the complainant that the accused persons were assaulting her and she requested her father to take her back to the parental house. Immediately, at about 2.00 a.m., in the night, the complainant Ameer Jan along with his associates, came to the house of the accused and saw that the accused persons were assaulting his daughter. The complainant took his daughter to Victoria hospital and while returning from hospital at about 2.00 p.m., Accused Nos.1 and 2 herein and another person, with an intention to commit murder of the deceased, have dashed their car against the deceased and assaulted the complainant and caused severe injuries. Due to the impact of the dashing against the victim lady-the wife of the complainant succumbed to the injuries later in the hospital and the complainant also suffered serious injuries. On the basis of the above said allegations, the Police have investigated the matter and submitted the charge sheet.