The court applied Section 438 of the Code of Criminal Procedure, 1973 to grant anticipatory bail to the accused based on the specific circumstances and conditions of the case.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by accused Nos.2 and 3 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.72/2020 of Mariyammanahalli Police Station, Ballari, registered for the offences punishable under Sections 498A, 201, 323, 504, 302 and 304B read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the 'DP Act', for brevity).

2. It is the case of the prosecution that one Smt. Nani Bai has filed the complaint stating that about 5 years back, her daughter Nandini Bai was given in marriage to accused No.1 by paying Rs.25,000/- cash and 2 tola gold by way of dowry. It is further alleged that after marriage, they were cordial for six months and thereafter accused No.1 was addicted to bad vices and gambling and in order to fulfill his vices, he used to steal sheep and demanding his wife Nandini Bai to bring money and abusing her in indecent words. It is further alleged that even the in-laws of said Nandini Bai, who are accused Nos.2 and 3, also harassing her by demanding to bring money from her parental home. It is further alleged that on 3-4 occasions, the said Nandini Bai brought money from her parental house to get relieved accused No.1 in theft cases. It is further alleged that on 25.05.2020 at 2.00 pm, accused No.1 and other accused subjected Nandini Bai to cruelty by harassing her both physically and mentally by demanding her to bring additional dowry from her parental house and they assaulted her for bringing only Rs.5,000/- cash and committed her murder and created a false story of hanging herself. On the basis of the said complaint, a case came to be registered in Crime No.72/2020 in Mariyammanahalli Police Station for the offence punishable under Section 323, 498A, 304B, 201 and 504 read with Section 34 of IPC and Sections 3 and 4 of DP Act. After investigation, charge sheet has been filed for the offence under Sections 323, 498A, 302, 304B, 201, 504 read with Section 34 of IPC and Sections 3 and 4 of DP Act. The petitioners approached learned III Additional District and Sessions Judge, Ballari, seeking anticipatory bail in Crl.Misc.No.5044/2020 and the same came to be rejected by order dated 04.09.2020. Therefore, the petitioners are before this Court seeking bail.

3. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.

4. It is the contention of the learned counsel for the petitioners that the marriage of accused No.1 with the deceased took place about 5 years ago and initially, they lived happily for some period and thereafter, accused No.1 was addicted to bad vices and gambling and used to commit theft of sheep. It is his further submission that Nandini Bai used to bring money from her parental house for releasing accused No.1 in criminal cases. It is his further submission that accused No.1 and the petitioners have sent the deceased to her parental house to bring a sum of Rs.25,000/- but she had brought only Rs.5,000/- and the petitioners objected for the same and at that time, the deceased abused the petitioners and accused No.1 being enraged, assaulted the deceased. It is his further submission that therefore, the deceased has committed suicide by hanging. It is his further submission that in the postmortem report, the doctor has opined that death is due to asphyxia due to hanging. It is his further submission that no witness has stated regarding assault by accused Nos.2 and 3 to the deceased to bring dowry. It is his further submission that accused Nos.4 and 5, who are the children of petitioners, have been granted anticipatory bail by the trial Court and on the ground of parity, the petitioners are also entitled for grant of anticipatory bail. It is his further submission that investigation is over