SHANTAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.44/2020 of Jamakhandi Rural Police Station registered for the offence punishable under Sections 498(A), 302, 304(B) R/W Section 34 of IPC.

(2.) The case of the prosecution is that on 07.04.2020 one Sunanda W/o Sadashiv Kanabur filed complaint alleging that she is residing at Gunadal village. Complianant's 3rd daughter Padma @ Geeta was given in marriage with accused No.1 i.e Navanath Pujari of Alabal village about five years back. At the time of marriage one tola of gold and cash of Rs.10,000/- was given to bridegroom. Complainant's daughter lead marital life and first child died at the time of delivery. Second baby also died after one year of it's birth. Later she gave birth to male child aged 7 months named as Amasidda. It is alleged that the complaint's daughter, her husband, mother-in-law i.e. present petitioner, father in law and brother in law are residing in garden land belonging to one Yadahalli advocate at Kanakanawadi village for the last two years. Accused No.1 i.e. husband took quarrel at the time of post-delivery function in respect of gold and the complaint's family gave him half tola of gold. The accused No.1 was reaching late to the house and on enquiry he used to assault the complainant's daughter. The petitioner was abusing Padma @ Geeta stating that she do not cook food properly and also was assaulting her. Accused No.3 and 4 were also used to say that she do not wash clothes properly and do not cook food on time. This fact was told by her to the complainant at the time when she came to complainant's house for third delivery. Padma also telephoned and told about the ill-treatment. Complainant and the elders advised the petitioner and accused persons. The accused No.1 did not stop coming late night to house and was in relationship with ladies. On last Ugadi days Padma @ Geeta had been to her parental place, about 15 days back accused NO.1 took his wife Padma @ Geeta back to on the assurance that they continue good marital relationship.

(3.) On 17.04.2020 during night accused No.1 informed the complainant that Padma committed suicide by hanging. Complainant and others reached the place found the body of Padma was lying on floor and there was brownish rope mark around the neck of Padma. That the accused persons strangulated Padma and it was about 6 'O' clock in the morning. It is alleged that the accused persons ill-treating the deceased as she did not bring gold and accused No.1 continued with relationship with ladies, because of same reason all accused persons strangulated and killed Padma at about 1.30 a.m. The said complaint came to be registered in Crime No.44/2020 for the offence punishable under Section 498(A), 302, 304(B) R/W Sec.34 of IPC in Jamakhandi Rural Police Station. The petitioner- accused No.2 arrested on 24.02.2020. Petitioner-accused No.2 had filed petition seeking bail before the I Addl. District and Sessions Judge, Bagalkote sitting at Jamakhandi in Crl. Misc. No.40/2020 and it came to be rejected by order dated 11.05.2020. Therefore, the petitioner is before this Court seeking bail.