MOHSIN PASHA, S/O ABDUL REHMAN Vs. STATE OF KARNATAKA BY CHAMARAJAPET POLCIE (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR)

JUDGEMENT

(1.) DECEASED Salma Kauser was the daughter of Jaheer Ahamed, resident of Shamanna garden, Bangalore. She was given in marriage to the Petitioner herein about three years prior to 31.7.2010. After the marriage, the deceased was living with the Petitioner in the matrimonial home. After sometime, they started living in a separate house. Out of the wedlock, she had given birth to a male child. Suspecting her fidelity, the Petitioner was picking up quarrels frequently in the house. On 31.7.2010, the deceased Salma Kauser died on account of hanging. After coming to know of the same, the father of the deceased lodged a complaint, based on which, case in Crime No. 250/2010 came to be registered by Chamarajpet police for offences punishable under Sections 498A and 306 of the IPC. After investigation, charge sheet came to be filed under Section 498A and 304B against the Petitioner herein, his parents and his sister. During investigation, Petitioner and his father were arrested, while the mother and sister of the Petitioner obtained anticipatory bail. Subsequently, the father of the Petitioner was enlarged on bail by the learned Sessions Judge. The application filed by the Petitioner seeking bail was rejected Hence, the present petition.

(2.) HEARD both sides.

(3.) HAVING regard to the facts and circumstances of the ease and the material available en record, I do not see prima facie evidence at this stage against the Petitioner that the deceased had bean subjected to cruelty and harassment In connection with the dowry to attract the ingredients of Section 304B of IPC.