PARASHURAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS who have been arrayed as accused Nos.1 and 3 in C.C.No.619/12 on the file of JMFC, Honnali registered for the offences punishable under Sections 114, 498-A, 304-B, 302 and 314 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, have presented this petition seeking an order to enlarge them on bail. The first petitioner is the husband of deceased Smt.Mamatha and the second petitioner is the younger brother of the first petitioner.

(2.) ACCORDING to the case of the prosecution, the marriage of deceased Mamatha with the first petitioner was solomonised about 2 1/2 years prior to 6.6.2012. From the said wed lock, deceased gave birth to a female child who was aged about 1 1/2 years a on 6.6.2012. As on that day she was running 5 months pregnancy for the second time. Said Mamatha was brought to Meggon Hospital, Shimoga in the evening of 6.6.2012 with severe burn injuries. Immediately information was sent to the jurisdictional police who later recorded her statement in the Hospital in the presence of Doctor. Based on her recorded statement police registered case in Crime No.98/12 initially for the offences punishable under Sections 114, 498-A read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Subsequently at about 4.00 p.m. on 10.6.2012 said Mamatha succumbed to the injuries. On receipt of the information regarding her death, Investigating Officer added the offences punishable under Sections 304-B, 302 and 314 of IPC to the case. In her statement said to have recorded in the Hospital, injured Mamatha disclosed that after marriage she joined her husband and thereafter in the matrimonial home she was being subjected to mental and physical cruelty by her husband, parents-in-law, brother-in-law and co-sister by coercing her to bring further dowry in cash and kind. Though part of the illegal demand was met, they were not satisfied and she was repeatedly subjected to physical cruelty by her husband and his relatives. According to her statement on 6.6.2012 she was brutally assaulted by her husband at the investigation of his mother, brother and sister-in-law and after all of them went out of the house, unable to bear the torture, she doused herself with kerosene and set herself ablaze. During investigation, the petitioners and others were apprehended and later subjected to judicial custody. The application filed by the petitioners before the learned Sessions Judge for grant of bail came to be rejected. In the meanwhile, on completion of the investigation charge sheet came to be filed. Therefore, they are before this Court.

(3.) I have heard both sides. Perused the records made available.