Accused nos.2 to 6 in Crime No.147/2023 registered by Chelur Police Station, Tumakuru District for the offences punishable under Sections 143 , 147 , 498A , 302 , 304B R/w 149 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961 have filed these two petitions under Section 438 of Cr.P.C,

2. Learned counsel appearing for the petitioners submits that accused nos.4 and 5 have been arrested during the pendency of the petition and therefore the petition as against them may be dismissed as not pressed.

3. The said submission is placed on record.

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4. Crl.P.No.12146/2023 is dismissed as not pressed as against accused nos.4 and 5.

5. Heard the learned counsel appearing for the parties.

6. Facts leading to filing of these two criminal petitions narrated briefly are, the complainant Smt. Kalavathi W/o Panchaksharaiah had lodged a complaint dated 22.10.2023 before Chelur Police Station, Tumakuru, based on which FIR in Crime No.147/2023 was registered by Chelur Police Station, Tumakuru against Raveesha and 5 others for the aforesaid offences. Apprehending arrest in the said case, the petitioners had filed Cri.Misc.No.1641/2023 and Crl.Misc.No.1571/2023 before the court of I Addl. District and Sessions Judge Tumakuru which was dismissed by the said Court by order dated 10.11.02023 and 15.04.2023 respectively. Therefore, they are before this Court.

7. Learned counsel appearing for the petitioners having reiterated the grounds urged in the petitions submits that, the petitioners who are the close relative of accused no.1 have been falsely implicated in the present case. Accused nos.2 and 3 are parents of accused no.1. Accused nos.4 and 5 are the -5- NC: 2023:KHC:46065 CRL.P No. 11922/2023 C/W CRL.P No. 12146/2023 sister and brother-in-law of accused no.1 and accused no.6 is the uncle of accused no.1. The allegation in the complaint is mainly against accused no.1 and he is in judicial custody. Undisputedly, the death is as a result of asphyxia due to drowning. Accused nos.4 to 6 are residing separately. Accordingly, he prays to allow the petitions.

8. Per contra, learned HCGP has opposed the bail applications.

9. From a reading of complaint averments it is seen that, the marriage of the deceased who is the daughter of complainant was solemnized with accused no.1 - Raveesha on 27.01.2023. The allegation in the complaint is that at the time of marriage, the complainant and her family members had gave dowry to accused no.1 as per demand. However, subsequent to marriage he was harassing and ill-treating his wife and this was informed to complainant by her daughter. It is also alleged in the complaint that accused no.1 had assaulted deceased with a sickle on her head and face a few days prior to she committing suicide. However, no complaint was lodged since the uncle of accused no.1 had assured that he would advise accused no.1. -6-

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10. From a perusal of complaint averments it is seen that, no serious allegations are made against other accused persons except accused no.1. Accused no.4 is the married sister of accused no.1 and she is allegedly residing separately along with her husband. Accused no.6 is the uncle of accused no.1 and he is also allegedly residing separately. Accused nos.2 and 3 are parents of accused nos.1 and they are aged persons.

11. The postmortem report of the deceased would go to show that the death was as a result of asphyxia due to drowning. Undisputedly, the dead body of deceased was found floating in Nittur lake. Therefore, at this stage, it has to be presumed that death is as a result of suicide. Accused no.1 as against whom there are certain allegations found in the complaint has been arrested and he is in custody. Accused nos.4 and 5 are also arrested during the pendency of this petition. Considering the nature of allegation in the complaint and also taking into consideration that accused nos.2, 3 and 6 are aged persons who do not have any criminal antecedents, I am of the view that the prayer made by accused nos.2, 3 and 6 to grant anticipatory bail is required to be answered affirmatively. Accordingly, the following :- -7-