RAVIKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioners who are arrayed as accused 1 to 3 and 7 to 9 in Crime No. 5 of 2010 of Srirampuram Police Station have filed the present petition praying for grant of anticipatory bail.

(2.) The Respondent-Srirampuram Police initially on the basis of the complaint filed by one Sri V. Ashwath who is the father of the victim Seema, on 13-1-2010 registered the above case against these Petitioners and A4 to A6 for the offence punishable under Section 498A read with Section 34 of the IPC only. It is the case of the prosecution that these Petitioners who are the husband, in-laws, brother-in-laws and sister-in-laws of the victim had subjected her to cruelty and harassment in the matrimonial house. Later, on the basis of further statement of the victim Seema, recorded on 23-1-2010 by the Taluka Executive Magistrate, which revealed that the victim sustained injuries on account of she having been pushed by the accused in the case from the 3rd floor of their house, the police sent an additional report to the jurisdictional Magistrate adding Section 307 of the Indian Penal Code, 1860. As such, as on today, a case for the offences under Sections 498A and 307 read with Section 34 of IPC has been registered against these Petitioners and three others who are arrayed as A4 to A6 in this case.

(3.) The Respondent-police on registering the case for the offence punishable under Section 498A read with Section 34 of the IPC initially, A1 to A3, A7 and A8 approached the jurisdictional Sessions Court praying the grant of anticipatory bail and obtained an order in their favour. Later, as already pointed out, on the basis of the further statement of the victim recorded on 23-1-2010 by the Taluka Executive Magistrate, the offence under Section 307 of IPC came to be added. Therefore, all the accused in this case including these Petitioners filed an application before the jurisdictional Sessions Judge praying for grant of anticipatory bail. The same came to be rejected. Thereafter, accused 4 to 6 in the case approached this Court under Section 438 of Code of Criminal Procedure for grant of anticipatory bail in Criminal Petition No. 1209 of 2010 and the same came to be allowed by this Court by order dated 30-3-2010.