This appeal is filed by accused Nos. 2 and 3 trying to

set aside the order dated 02.06.2023 passed in Criminal

Miscellaneous No.483/2023 by the II Additional District

and

Special

Judge,

Chitradurga,

where

under

the

anticipatory bail petition of appellants/accused Nos. 2 and

3 sought in respect of crime No. 43/2023 of Chitradurga

Women PS registered for the offences punishable under

Section 304-B, 498-A, 302, 114, 504 r/w Section 34 of

Indian Penal Code and Section 3(2)(v) of the Scheduled

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Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989 came to be rejected.

Heard learned counsel for the appellants and

learned High Court Government Pleader for respondent

No.1/State. In spite of service of notice to respondent

No.2/Complaiant

remained

absent

and

has

been

unrepresented.

3.

It

is

the

case

of

the

prosecution

that,

respondent No.2 father of the deceased Poornima has filed

complaint stating that accused No.1 has married his 3rd

daughter Poornima and it is love marriage. It is further

stated that his daughter deceased Poornima use to

informed her mother that accused No.1 use to harass her

physically and mentally everyday by consuming alcohol

and use to insult stating that she belongs to lower cast

and by marrying her is not able to freely move in the

society and use to abuse her in filthy words. It is further

stated that deceased had informed her mother that

accused No.1 has threatened to kill her and marry another

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girl. It is further stated on 04.04.2023 at about 5.30 a.m

accused No.1 has killed the deceased, and one Devaraj

informed the same over the phone. It is further stated that

appellants/accused Nos. 2 and 3 who are in-laws of the

deceased have instigated their son accused No.1 to kill the

deceased so they can perform the marriage of accused

No.1 with a girl belongs to their caste. The said complaint

came to be registered in crime No. 43/2023 of Chitradurga

Women PS for the aforesaid offences. Appellants who are

arrayed as accused No.2 and 3 apprehending their arrest

filed petition seeking anticipatory bail and same came to

be rejected by the impugned order which is challenged in

this appeal.

4.

The learned counsel for the appellants would

contend that on perusal of averments of the complaint

serious allegations are made only against accused No.1

who stated to have abused his wife deceased Poornima

and killed her. So, the accusation leveled against the

appellants/accused Nos. 2 and 3 who are in-laws of the

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deceased that they instigated the accused No.1 to kill

deceased, so that they can perform marriage of their son

with a girl of their caste. There is no serious overtacts

alleged against appellants/accused Nos. 2 and 3. There is

no averment in complaint that appellants/accused Nos.2

and 3 abused the deceased taking her caste. Therefore,

the offences under Section 3(2)(v) is not attracted.

Without

considering

the

said

aspects

the

learned

Sessions/Special Judge has passed the impugned order.

Hence, he prays to allow the appeal and grant anticipatory

bail to the appellants/accused Nos. 2 and 3.

5.

Per contra, learned High Court Government

Pleader would contend that accused No. 1 who married

deceased, after marriage harassed her everyday by

coming drunk to the house and abused touching her caste

and threatened to take her life. Appellants being accused

Nos. 2 and 3 are in-laws of the deceased instigated

accused No. 1 to kill the deceased. The deceased belongs

to schedule caste and the marriage of the deceased with

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the accused No. 1 was love marriage. Appellants/accused

Nos. 2 and 3 absconded and they are required for

investigation.

Offences

alleged

against

the

appellants/accused Nos.2 and 3 are heinous offences,

considering the same the Special Court rightly rejected

their anticipatory bail petition. Hence, he prays for

dismissal of the appeal.

6.

Having heard learned counsel for the appellants

and learned High Court Government Pleader, this Court

gone through th