FARHANA BEGAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. to release her on bail in Crime No.261/2018 of Udayagiri Police Station, Mysuru for the offences punishable under Sections 302, 307, 449, 120B, 201, 114 read with Section 34 of IPC.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.

(3.) Gist of the complaint is that the complainant got married to one Syed Suhail about three years back, after the marriage, they had tortured the complainant by demanding dowry and harassing her by using filthy language. It is further alleged that thereafter, the complainant had approached the Court for seeking maintenance and Court awarded an amount of Rs.4,500/- per month and her husband got arrested and remanded to judicial custody for not having paid the maintenance amount. In that light on 20.07.2018 at about 10 O' clock, when the complainant, Imtiyaz, Dilshad Banu, Nazia Banu and children were at home, the accused No.1-Syed Irfan came with a Talwar and assaulted the family members by raising a slogan that because of them his brother had been to jail and he will not let them to survive. In the said galatta complainant's sister Nazia Banu sustained injuries and the complainant escaped from the spot by closing the door. It is further alleged that the complainant's father was coming back to home in an Auto-rickshaw and when he reached Ayesha Drug House at Masjid Road, accused No.1- Syed Irfan had obstructed the Auto and raised a slogan that because of his daughter his brother is languishing in jail and in the same place accused Nos.2 and 3 were present and picked up the quarrel and started assaulting him with hands and at that time, accused No.1 by using Iron rod assaulted on the head, chest and other parts of the body and immediately the injured was shifted to K.R.Hospital and subsequently, he died due to the said injuries and as such, case was registered.