The court's decision was influenced by the lack of evidence supporting the allegations and the petitioner's background, leading to the grant of anticipatory bail.

JUDGMENT

1. This is an anticipatory bail petition filed under section 438 of Cr.P.C., seeking to enlarge the petitioner on bail, in the event of his arrest, in Crime No.156/2019 of Women P.S., Ballari, registered for the offences punishable under sections 498A, 494, 504, 448, 323, 506, 307 read with section 34 of IPC and sections 3 and 4 of Dowry Prohibition Act.

2. The case of the prosecution in brief is that, on 1.10.2019, the complainant one Malathi Y. W/o. Shinivas, filed a compliant before the respondent police. She has alleged in the complaint that she married to accused No.1, who is her relative, on 25.5.2014 and it is a love marriage. The said marriage was not accepted by her mother-in-law. Out of their wedlock, she gave birth to a child who is now aged about 4 years. The accused was working in Anand Singh Government First Grade College, Hospete, as attender and he used to go to Hospete everyday for his work. They led happy marital life for some time. Thereafter accused No.1 started ill-treating her mentally and physically at the instigation of his mother accused No.3 and she was thrown out of the house. Thereafter accused No.3 performed second marriage of accused No.1 with accused No.2, who is the resident of Gutty of Andhra Pradesh. She got registered her marriage in the office of Sub-Registrar, Ballari. On 28.9.2019 at about 3.00 a.m., accused Nos.1 to 3 came to the house of the complainant, trespassed into her house, abused her in filthy language and with an intention of committing her murder and murder of her son, accused No.3 tightly pressed on the neck of her son and accused Nos.1 and 2 forcibly pressed on her face with the help of pillow and also threatened her with life. On the basis of the said complaint, the respondent police have registered the case against accused Nos.1 to 3 for the aforesaid offences.

3. The petitioner who is arraigned as accused No.1 in the complaint has stated that the allegations made in the complaint are false and concocted. The complaint was filed after a lapse of three days from the date of alleged incident. The complainant is not wife of the petitioner and she has created and forged marriage certificate. The complainant had not sustained any injury and she had not taken any treatment. The alleged offences do not attract against the petitioner. He is permanent resident of Ballari, having landed and house properties. There is no chance of absconding. He is ready to abide by the conditions, which may be imposed by the Court and to furnish adequate surety.

4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

5. The plain reading of the complaint goes to show that the alleged incident took place in the parental house of the complainant where she is residing with her son. It is not the case of the complainant that she has sustained injury in the alleged incident. The allegation regarding the alleged second marriage of the petitioner is also not supported by any material. The complainant has not stated any specific incident, wherein she was harassed and driven out of the house. It is not disputed that the petitioner is a Government servant and he is permanent resident of Ballari, having movable and immovable properties. The custodial interrogation of the petitioner is also not required as nothing has to be seized from him. There is no material to attract the offence under section 307 of IPC.

6. Under these circumstances, this Court is of the considered opinion that the petitioner may be enlarged on anticipatory bail by imposing necessary conditions to see that he shall not abscond, he shall not tamper with the prosecution witnesses in any manner and shall co-operate in the investigation. Accordingly this Court proceed to pass the following:

ORDER

The anticipatory bail petition filed under section 438 of Cr.P.C. is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Crime No.156/2019 of Women Police Station, Balla