KALLAPPA BHIMAPPA MADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.42/2022 registered by Doddawad Police Station for the offences punishable under Ss. 304B, 498A read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the 'D.P. Act' for brevity).

(2.) The case of the prosecution is that, one Channappa Madar filed a complaint stating that he is having children by name Akshata, Basavaraj and Savita and his daughter Akshata was given in marriage three year ago with one Kallappa Bheemappa Madar (petitioner/accused No.1) of Chikkabellikatti and they were residing in their farm house. It is further stated that since one year, the petitioner and accused Nos.2 to 4 were giving harassment to deceased-Akshata stating that she cannot give birth to child, doubted her character, they did not get more dowry at the time of marriage and they were asking her to bring one tola gold. It is further stated that the deceased-Akshata informed the same to the complainant and he along with elder persons went to her husband's house and requested them not to give harassment to his daughter- Akshata. That on 15/5/2022 at about 7.00 p.m., one of their relative by name Kallappa Nagappa Madar came to the house of the complainant and informed the complainant that his son-in-law called him and told that his daughter consumed poison. Immediately he along with his wife and relative Kallappa went to Bailhongal hospital and saw the dead body of their daughter-Akshata and there was poisoning smell near the dead body and thereafter he filed the complaint to the Police and the case came to be registered against the petitioner/accused No.1 and three others in Crime No.42/2022 of Doddawad Police Station for the offences punishable under Ss. 304B , 498A read with Sec. 34 of IPC and Ss. 3 and 4 of the D.P. Act. The petitioner came to be arrested on 28/5/2022 and he remanded to judicial custody. The Criminal Miscellaneous No.723/2022 seeking bail and the same came to be rejected by the learned VI Additional District and Sessions Judge, Belagavi by an order dtd. 1/6/2022. Therefore, the petitioner is before this Court seeking bail.

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