IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRL. PETITION NO.8673 OF 2018 BETWEEN:
1. EZAAZ AHMED S/O ABDUL MAJEED AGED ABOUT 65 YEARS OCC: RETIRED RAILWAY EMPLOYEE RESIDING AT II CROSS, PARKROAD VIJAYANAGARA EXTENSION HASSAN-573201.
2. SMT. ASIYA @ AKHTERBANU W/O ABDUL MAJEED AGED ABOUT 62 YEARS OCC: HOUSE WIFE RESIDING AT II CROSS, PARKROAD VIJAYANAGARA EXTENSION HASSAN-573201.
(BY SRI. CHANDRASHEKARA K.A., ADV.) AND THE STATE OF KARNATAKA BY THE POLICE OF PENSION MOHALLA POLICE STATION HASSAN-573 201 REPRESENTED BY SPP HIGH COURT OF KARNATAKA ...PETITIONERS BENGALURU – 560 001 ...RESPONDENT (BY SRI. K.P. YOGANNA, HCGP.) THIS CRIMINAL PETITION IS ARE FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.269/2018 REGISTERED BY PENSION MOHALLA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 498(A), 304(B) AND 506 R/W 149 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The Petitioners are accused Nos.2 and 3 in Crime No.269/2018 of Pension Mohalla Police Station, Hassan Town. The said case is registered against the petitioners and five others for the offences punishable under Sections 498-A, 304-B and 506 read with Section 149 of IPC on the basis of the complaint filed by Rehamaan Sharif, father of deceased Neha Sharif.
2. Accused No.1 is the son of petitioners, accused Nos.4 to 6 are siblings of accused No.3 and accused No.7 is the relative of accused No.3.
3. The marriage of accused No.1 and Neha Sharif was performed on 21-06-2018. Neha Sharif committed suicide in her parental house on 31.10.2018 by consuming insecticide. The complainant alleged in the complaint that accused No.1 subjected the deceased to physical and mental cruelty suspecting her fidelity and with perverted sexual behaviour. It was alleged that all the accused subjected the deceased to physical and mental cruelty in connection with their unlawful demand.
4. On 01.10.2018, the first accused had filed complaint against Neha Sharif and her parents and brothers in Crime No.259/2018 of Pension Mohalla Police Station. In the complaint itself it is stated that in the said case, the Police held counseling to the couple. Thereafter, Neha Sharif left her matrimonial house.
5. The serious allegations of cruelty are against the first accused. Petitioners are aged 65 years and 62 years. Nothing is to be recovered from them. Death has occurred after more than one month of the victim leaving the house of the petitioners. Under these circumstances, it is a fit case for grant of anticipatory bail. Therefore, the petition is allowed.
Petitioners are granted anticipatory bail in Crime No.269/2018 of Pension Mohalla Police Station, Hassan Town, subject to following conditions:
i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) They shall execute personal bond in a sum of Rs.50,000/- each and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for their appearance.
iii) They shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial;
iv) They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
mpk/-* ct:bms Sd/- JUDGE