RAJU Vs. STATE

JUDGEMENT

(1.) The petition is filed under Section 438 Cr.P.C, praying for an Order of anticipatory bail, apprehending arrest for the offence punishable under Sections 143, 498(A), 302, 304 (B) r/w. 149, IPC and Sections 3 and 4 of D.P. Act.

(2.) The facts relevant for the purpose of this petition are as under: THE deceased-Sowmya is the wife of the petitioner and their marriage was performed on 25.06.2007 in Srirama Kalyana Mandira, Mysore. At the time of the marriage, in the presence of the elders, 100 gms. of gold ornaments and an amount of Rs. 1,00,000-00 and an amount of Rs.50,000-00 to purchase a motor-cycle were given to the petitioner. After the marriage, they have a male child and after the birth of the child the petitioner started insisting his wife to bring money and gold from her parental home and subjecting her to cruelty and harassment. It is because of this reason that the complainant used to pay Rs. 10,000-00, Rs. 15,000-00 now and then and totally had paid an amount of Rs.50,000-00. Despite the payment on the day earlier to the incident i.e., on 31.08.2008 and on the insistment of the petitioner a gold chain weighing 15 gms. was given to the child,and the deceased and the child were sent through Naveen, the brother of the deceased to the petitioner's home. At the time when the deceased, the child and Naveen reached the petitioner's house, it is alleged that the parents of the petitioner and others abused the deceased having stayed in her parental home for a long time and the brother of the deceased asked the deceased to go into the house. It is stated that even the other members of the family apart from the petitioner were insisted the deceased to bring money and gold ornaments from the parental home. On 01.09.2009 at about 3.00 to 4.00 p.m., when Mahesha came and informed about the death of the deceased-Sowmya by hanging, the complainant was scared hearing the incident and went to the house of his son-in-law and saw the dead body found hanging and none of the family members were in the house. In the circumstances, he, felt that all the members of the family were responsible for the death of the deceased and as earlier the deceased was threatened danger to her life, submitted a complaint to the Police on these facts which came to be registered for the above said offences. THE post-mortem of the body of the deceased was held and it reveals that the death was due to asphyxia as a result of hanging.

(3.) I have heard the learned counsel for the petitioner and also the learned Government Pleader.