iN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21st DAY OF JANUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10018/2011 BETWEEN: 1. Mahesh Annasaheb Bhosale, Aged 30 years, 0cc: Private service, R/o Badakal Ghalli, Belgaurn. 2. Annasaheb Yashavant Bhosale, Aged 70 years, 0cc: Retired person, Rio Badakal Galli, Belgaum. .. PETITIONERS (by Shri S.B .Deyannavar, Advocate) AND: The State of Karnataka, Through Market Police Station, Represented by the Public Prosecutor, Circuit Bench. Dharwad. .. RESPoNDENT (by Shri Vinayak S Kulkarni, Ad..) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure seeking that the petitioners be released on bail in Market P.S.Crime No.239/2010 for the offences punishable under Sections 498A. 304(B), Sections 3 and 4 of the Dowry Prohibition Act read with section 34 of the Indian Penal Code. This petition coming on for Orders this day, the court made the following :- ORDER Heard the learned counsel for the petitioners. 2. It is seen from the record that the allegation against the petitioners is in the following background: That one Sonali was married to the first petitioner on 17.2.2010. The second petitioner is the father of the first petitioner. The first petitioner’s mother and sister were also residing in the same matrimonial home. It was the allegation of the complainant that Sonali was ill-treated from day one by the entire family of the petitioners. She was denied food and the petitioner and his family were in the habit of locking up the food in order to prevent Sonali from eating, which had lead to deterioration of her health day by day. To compound this, the mother-in-law of the deceased had even threatened her that she would get her son married for the second time even during the subsistence of their marriage. This drove her to commit suicide and ultimately, she was found hanging and therefore, it was by hanging. On 6.9.2010 at about 9 p.m. However, the father of Sonali suspecting foul-play, had lodged a case against the petitioners alleging offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code. In that background, a case has been registered and the petitioners were taken into custody. However, the mother-in-law and sister-in law of the deceased were released on bail. The petitioners having been denied bail, are before this court. 3. The learned counsel for the petitioners would contend that it is plain from the complaint that the allegations were directed mainly against accused no.3, the mother-in-law and 4 accused no.4. the sister-in-lass. There is no direct allegation or any allegation of any overt-act against the petitioners. lnsofr as the second petitioner is concerned, he is aged 70 and is suffering from serious ailments and unless he is given urgent medical care, it is possible that there may be a mishap and accordingly seeks grant ofbail to the petitioners. 4. Having regard to the circumstances leading up to the death of Sonali, and she having died within seven months ofher marriage, the possibility of the deceased having instigated to commit the suicide on account of the continued physical and mental torture cannot be ruled out Insofar as petitioner no.1 is concerned, the contention that there is no allegation against him does not appear to be correct. The statement that there was constant ill-treatment would indicate that he, as the husband, would have been directly involved in such ill-treatment. Insofar as the petitioner no.2 is concerned, the age and health $ 5 of the said petitioner would warrant consideration of grant of bail. Accordingly, the petition insofar as the first petitioner is concerned, is rejected. However, a case is made out for grant of bail in thvour of the second petitioner. Therefore, the second petitioner shall be enlarged on bail on his iiirnishing a self bond in a sum of Rs.20,000/- with a solvent surety for a like sum. The petitioner shall not leave the jurisdiction of the court without the leave of the court. The petitioner shall not interfere with, threaten or induce the prosecution witnesses. The petitioner shall not leave the jurisdiction of the Court without the leave of the Court and shall attend the trial on every date ofhearing unless exempted from appearance. JUDGE nv