YAMANAVVA MYAGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 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.44/2022 of Hubballi-Dharawd City Women Police Station, registered for the offences punishable under Ss. 498A, 304B and 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity), under Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and under Ss. 3 & 4 of Dowry Prohibition Act, 1961.

(2.) The case of the prosecution is that, one Mahadevi has filed a complaint stating that her daughter Pavitra's marriage was performed with accused No.1 who is son of this petitioner/accused No.2 on 15/6/2020 in Gummagol Basavanna Devara temple. At the time of marriage, the accused have demanded dowry and gold accordingly, the complainant gave half thola of gold and Rs.5,000.00 cash to the accused No.1. It is after marriage the wife of accused No.1 has not gone to her matrimonial home on the ground that she is still minor. Thereafter, on persistent pressure made by the accused No.1 and the petitioner/accused No.2 deceased Pavitra came to her matrimonial home. During her stay at matrimonial home the accused Nos.1 and 2 assaulted and abused the victim Pavitra. The said victim Pavitra gave birth to a male child who is named as Naveen. Since after delivery of child, the deceased Pavitra resided in her parents' house for some period and thereafter, accused Nos.1 and 2 have forcibly taken her after quarrelling with the complainant. 15 days prior to the lodging of complaint accused No.1 has demanded Rs.10,000.00 from complainant and the complainant told that she has no money. On 4/6/2022 at about 10:00 p.m., accused No.1 has telephoned and demanded money for which, complainant has denied. The complainant has requested the accused No.1 to send her daughter to fair in village for which accused No.1 has refused to send her. It is further stated that on 5/6/2022 at about 07:00 a.m., accused No.1 has telephoned to complainant who told to give phone to her daughter, accused No.1 has told that she is sleeping. At about 09:00 a.m. accused No.1 has telephoned to the complainant and informed that her daughter has committed suicide. Complainant along with others came to Hubballi to the house of accused and found dead body of her daughter lying on floor and there was saree tied to roof and it was partly cut. The complaint came to be registered in Hubballi-Dharwad City Women Police Station in Crime No.44/2022 registered for the offences punishable under Ss. 498A, 304B and 34 of IPC and under Sec. 6 of POCSO Act and under Ss. 3 and 4 of Dowry Prohibition Act, 1961. The petitioner/accused No.2 who came to be arrested on 5/6/2022 has filed bail application before the learned II Additional District and Sessions & Special Judge, Dharwad and the same came be rejected by order dtd. 18/7/2022. Therefore, the petitioner is before this Court seeking bail.

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