THIMMARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner seeks to be enlarged on bail in the event of his arrest subsequent to the proceedings in Crime No.48/2020 registered for the offences punishable under Sections 498-A , 304B , 504 r/w 34 of IPC .

(2.) It is the case of the prosecution that a complaint was lodged by the father of the deceased. He has stated that the petitioner and the accused were married about six years prior to the date of incident. A male child was born to them who is now aged four years. It is stated that accused started to harass the deceased to bring dowry and had treated her well only for few days. It is further stated that the deceased after having given birth to the first child had conceived and was admitted to Mahaveer Jain Hospital for treatment and though she delivered a female child, the said child died on the following day. It is stated that this being the ruse, frequent fights ensued between the petitioner and the deceased. It is further stated that on several occasions, the deceased was sent to her parental home. It is submitted that the complainant and others had advised the petitioner to treat his wife properly and on 30.01.2020, she was sent back to the matrimonial home. It is stated that subsequently, a few days after the said date, they came to the petitioner's house after having learnt that the deceased was admitted to the hospital. On rushing to the hospital, they found her dead and hence have lodged a complaint.

(3.) The application filed under Section 438 Cr.P.C., before the Sessions Court came to be rejected by observing that the death had taken place in the matrimonial home and serious allegations have been made and that the petitioner was not entitled for any relief under the extraordinary remedy provided for under Section 438 Cr.P.C.