AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
The petitioners apprehend their arrest in respect of Cr.No.20/2017 registered by the respondent- police for the offences punishable under section 498-A of IPC and sections 3(1)(9), 3(10) of SC/ST(POA) Act, 1989.
The allegation in the complaint is, the complainant who belongs to Adi Karnataka community after an affair with the 1st accused (son of 1st and 2nd petitioners herein) married him as per customs prevailing in Brahmin community and also before the Sub Registrar of Marriages. Trouble started one month thereafter. The husband and in- laws started harassing the complainant. She was abused of infidelity and also condemned because of her caste. They did not help her when she attempted to commit suicide by consuming poison on 23.5.2017. Her brother shifted her to the hospital. While in the hospital, none of the accused met her. From then onwards she is staying in her parental home.
Learned counsel for the petitioners submits that the petitioners had their consent for the marriage, thus allowed the couple to reside with them under the same roof. The intention of the complainant is to see that her in- laws move out of the house so that she can stay in the said house with her husband.
Learned Government Pleader opposes the petition. While opposing the petition, he submits that the complaint allegation prima facie make out a case under the provisions of the SC/ST (POA) Act. They have abused her referring to her caste and also incited her to die. Hence, section 18 of the Act is a bar to grant anticipatory bail under Section 438 of Cr.P.C.
Reading from the complaint allegations it emanates that the complainant resided with her husband and in-laws (co-accused) under the same roof for one month, and thereafter, trouble shooted. The alleged offence having taken place within the four corners of the house, no independent witness can be expected for corroboration. However, for adjudication of this petition, what overweighs for this court is, as the complaint is filed at the initial stage of matrimonial life, it is highly possible that the arrest of these petitioners may block the possibility of any sort of settlement between the complainant and her husband. No specific overt act is alleged against any of the petitioners and the offence under sub-section(10) of Section 3 of SC/ST (POA) Act alleged to have taken place within the four corners of the house, it cannot be said at this stage that the case under Section 18 of the said Act barring the relief under Section 438 of Cr.P.C is made out against the petitioners.
Accordingly, the petition is allowed. Petitioners are granted anticipatory bail in Cr.No.20/2017 for a period of three weeks. Within the above period, they shall surrender before the concerned Court and move for regular bail. Till disposal of the regular bail petition, this order will be in force. In the event they are arrested by the respondent- I.O. within the above period, they shall be enlarged on bail on each of them executing a self bond for Rs.50,000/- with one surety for the likesum. They shall co-operate with the Investigating Officer during further course of investigation.