MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.111/2020 of Munirabad Police Station for the offences punishable under Sections 498A and 306 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that one Sri.Dyamanna Nagappa Kallaholad lodged a complaint alleging that his daughter by name Manjavva was given in marriage to the petitioner/accused in the year 2018 and after marriage she went to her matrimonial home and lead the marital life with the petitioner. After one year of marriage, the petitioner/accused had given mental and physical torture to Manjavva and, she, unable to bear the torture, used to telephone the complainant and tell him regarding the torture meted out by the petitioner. The complainant along with elders had been to the petitioner's place and advised the petitioner to mend his ways. Thereafter, the petitioner was quite for some months but continued to ill-treat Manjavva. After some days, Manjavva became pregnant and the complainant had taken Manjavva to his place for delivery. At that time, it was alleged that the petitioner had put a demand of half tola of gold chain while returning to his place after delivery. Manjavva begotten a male child and after three months of delivery, the petitioner took Manjava and his son to his place and after some days, the petitioner alleged to have demanded half tola of gold chain and also abused and assaulted Manjavva for not fulfilling his demand. Manjavva had informed the complainant about the demands made by the petitioner. The complainant expressed his inability for the present and assured to give the same after some days. It is alleged that on 14.05.2020 at about 9.00 pm Manjavva telephoned the complainant and informed him about the ill-treatment meted out by the petitioner and she told that she is unable to bear the same. For which, the complainant had assured her about his coming to her place in two or three days. On 15.05.2020 at 7.30 am, a relative of the complainant telephoned and informed him that Manjavva had poured kerosene and set herself ablaze at 6.30 am and as a result of the same, she succumbed to the injuries. The complainant along with the elders rushed to the petitioner's place and saw the dead body of Manjavva. A complaint came to be registered in Crime No.111/2020 for the offence punishable under Section 498A and 306 of IPC. The petitioner was arrested on 15.05.2020. The petitioner filed bail application in Crl.Misc. No.370/2020 before the learned Principal District and Sessions Judge, Koppal and the same came to be rejected by order dated 03.08.2020. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.