LAWS(KAR)-2012-4-71

MOHAMED AHAMEDULLA, S/O MR. MOHAMED SHAFFIULLA Vs. STATE OF KARNATAKA, BY S.H.O. OF GULPET POLICE STATION, KOLAR DISTRICT REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001

Decided On April 20, 2012
Mohamed Ahamedulla, S/O Mr. Mohamed Shaffiulla Appellant
V/S
State Of Karnataka, By S.H.O. Of Gulpet Police Station, Kolar District Represented By The Learned State Public Prosecutor, High Court Buildings, Bangalore -560 001 Respondents

JUDGEMENT

(1.) THE petitioner is arraigned as accused No 1 in Crime No. 64/11 of Gulpet Police Station, Kolar registered for the offences punishable under Sections 498A, 323, 506 read with Section 34 of IPC and Sections 3 & 4 of the D.P. Act. According to the prosecution, on the basis of complaint lodged by Salma Sultana wife of this petitioner, on 20.7.2011, the aforesaid case came to be registered and investigation was taken up. In the complaint, it was inter alia alleged that at the time of the marriage which was solemnized on 27.9.2009, this petitioner and his relatives demanded and accepted huge dowry both in cash and kind and not being satisfied with the said dowry, subsequent to the marriage she was coerced to bring further dowry and she was being subjected to cruelty and harassment in connection with demand for dowry and she was physically tortured both by this petitioner and other relatives and was driven out of the matrimonial home. It was further alleged in the complaint that on 18.7.2011 at about 6.40 or 7.00 p.m. this petitioner came to the parental home of the complainant, demanded complainant to give custody of the child and when she refused, he threatened to kill her and also tried to press her neck by his hands and on hearing the cries, the neighbours came to her rescue.

(2.) ACCORDING to the petitioner, as on 18.7.2011, he was not in India and he was in Birmingham, U.K., studying his Post Graduation Diploma in Business Management in Finance and Management Business School, Victoria Square, Birmingham and he returned to India after completion of the course on 13.1.2012 and thereafter learnt about registration of the case by the respondent -Police. Immediately, he approached the learned Sessions Judge seeking relief of anticipatory bail. However, the same came to be rejected. Therefore, he is before this Court.

(3.) I have heard both sides. Perused the records made available.