Accused Nos.1 and 2 in Crime No.148/2023 registered by

Vijayapura Police Station, Bangalore District for offence

punishable under Sections 498A, 304B and 306 of IPC are

before this Court under Section 438 of Cr.P.C. seeking

anticipatory bail.

Heard the learned counsel for the parties.

3.

On the basis of the complaint dated 31.07.2023

submitted by one Venkateshappa S/o. Muniyappa, Station

House Officer of Vijayapura Police Station, Bengaluru District,

had registered F.I.R. in Crime No.148/2023 against the

petitioners herein for the aforesaid offences. In the complaint,

it is averred that complainant's brother Srinivas had died about

18 years prior to date of the complaint. After the death of

Srinivas, his children were staying with the complainant and

they were looked after by the complainant. Srinivas's youngest

daughter Sahana was staying in the house of the complainant

and the accused persons had come to the house of the

complainant with the proposal of their Son's marriage with

Sahana. This was rejected by the complainant and his family

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members. About six months prior to the date of the complaint,

Ramesh had got married with Sahana and thereafter, their

marriage was registered in Sub Registrar's Office. In the

complaint, it is alleged that the accused persons. who are the

parents of Ramesh were demanding dowry from Sahana and

they were harassing her mentally. The accused persons

allegedly did not give shelter to Ramesh and Sahana and

therefore, they were residing in the house of sister of the

petitioner No.2 herein, at Bijjawara Village. Unable to tolerate

the ill treatment and torture of the accused persons, Ramesh

and his wife Sahana allegedly committed suicide by jumping

into the Rain Harvesting Pond in the agricultural property of

Ashwathanarayana of Bijjawara Village on 30.07.2023. It is in

this background on 31.07.2023 complainant had approachedd

the Police and submitted a complaint, which had resulted in

filing the Crime No.148/2023 by Vijayapura Police against the

petitioners herein. Apprehending arrest in the said case the

petitioners had filed Criminal Misc.No.15294/2023 before the

Court of V Additional District Judge, Bengaluru Rural District,

Devanahalli, which was dismissed on 21.09.2023. Therefore,

the petitioners are before this Court

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4.

Learned

counsel

for

the

petitioners

having

reiterated the grounds urged in the petition submits that,

petitioners are residing separately at Vijayapura Town in

Devanahalli Taluk, while Ramesh and his wife Sahana were

residing at Bijjawara Village, which is about 8 kilometers away

from Vijayapura Town. He submits that admittedly the

complainant was not happy with the marriage of Ramesh with

Sahana, while the petitioners had agreed for marriage and they

had gone to the house of the complainant with the proposal for

the marriage, he submits that having regard to the averment in

the complaint, the alleged offences will not get attracted

against the petitioners herein, who are the parents of the

deceased Ramesh. Accordingly, he prays to allow the petition.

5.

Per contra, the learned HCGP has opposed the bail

application and submits that the death is within one year from

the date of marriage and the allegations made in the complaint

would go to show that the petitioners were ill treating and

torturing Sahana in furtherance of their demand for dowry.

6. Complainant/Venkateshappa S/o Muniyappa is the

uncle of Sahana. Sahana's father Srinivas is the elder brother

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of complainant. In the complaint itself it is averred that the

accused persons had come to the house of the complainant

with the proposal for marriage of their Son Ramesh with

Sahana, but it was the complainant who had rejected the said

proposal. In spite of such rejection Ramesh and Sahana got

married and thereafter their marriage was also registered in the

office of the Sub Registrar. The material on record would also

go to show that Ramesh and Sahana were staying separately i