IMMANUEL @ JUMMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused No.1 in Crime No.46/2019 has filed this petition under Section 439 of the Code of Criminal Procedure seeking his enlargement on bail for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code.

(2.) The petitioner is the husband of deceased Kristakumari @ Rina. The complainant is the elder sister of the deceased who has alleged in her complaint that her deceased sister was being subjected to cruelty in her matrimonial home by her husband and other inmates of her home on the ground that she did not bring any dowry at the time of marriage and that she could not get any children for about six years after her marriage. The complainant also appears to have stated that the deceased was meted out to the cruelty in her matrimonial home by these people. That being the case, on 16.06.2019 in the afternoon at about 2.00 p.m. the deceased after telephoning to her mother expressing her intention to put an end to her life, committed suicide by hanging herself. The complainant - Police have filed the charge sheet against the present petitioner and other accused for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC') and under Section 4 of the Dowry Prohibition Act, 1961.

(3.) The learned counsel for the petitioner submits that the petitioner is a priest in a church and he was leading a satisfied married life with his wife. At the time of the incident, he was away from home and it is after knowing about the incident, he rushed to home and saw the dead body of his wife. The learned counsel also submitted that there are no material collected by the Investigating Officer to prove the alleged guilt against the accused/petitioner except the fact that the deceased died in her matrimonial home that itself is not sufficient to attract Section 304B of IPC.