LAWS(KAR)-2020-8-150

MALATESH Vs. STATE OF KARNATAKA

Decided On August 13, 2020
MALATESH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.19/2020 of Savanur Police Station registered for the offence punishable under Sections 498(A), 304(B) R/W Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

(2.) The case of the prosecution is that on 31.01.2020 one Bharamappa S/o Fakkirappa Barki of Adur in Hangal taluk at 1 p.m. has appeared before Police Inspector Savanur Police Station and lodged hand written complaint with the allegations that his daughter/Sangeetha's marriage was performed with the petitioner-accused No.1 on 10.05.2017 at the house of petitioner in Yalavagi as per the rites and custom prevailing in their community. At the time of marriage he had given Rs.50,000/- cash , 25 gramps of gold ornaments and utensils valued at Rs.50,000/- as dowry to his son-in-law. After two months of marriage, the petitioner and his family members demanded additional dowry i.e. almarah and cot and given torture to her mentally and also physically. After complaining this harassment from his daughter, he advised the petitioner and left his daughter in his house but they did not stopped their harassment. When the matter stood thus, on 30.01.2020 at 12 noon, his son-in-law called him over telephone and informed him as his daughter died by committing suicide. Immediately along with family members and relatives, he rushed the house of the petitioner-accused No.1 at 8 p.m. on 30.01.2020 and saw burn injuries on the body of his daughter. Hence, on this complaint, a case is registered in Crime NO.19/2020 of Savanur P.S. for the offences punishable under Sections 498(A) , 302 , 304(B) r/w Sec.34 of IPC and Secs.3 and 4 of D.P.Act against petitioner-accused No.1 and 3 other accused i.e accused Nos.2 to 4. On 01.02.2020, the PSI Savanur Police arrested the petitioner-accused No.1. The Police after investigation have filed charge sheet against the petitioner-accused No.1 and accused Nos.2 to 4 for the offence punishable under Sections 498(A) , 304(B) , r/w Section 34 of IPC and Sections 3 and 4 of D.P.Act,1961. The petitioner-accused No.1 has filed bail petition before Prl. District and Sessions Judge, Haveri in Crl. Misc. No.36/2020 and the same came to be rejected by order dated 10.06.2020. Hence, petitioner-accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State. Perused the charge sheet records.