MADHUSUDHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is arrayed as accused No. 1 in Crime No. 163/2013 of the respondent/police registered for the offences punishable under Sections 498-A, 306 r/w. 34 of IPC, is before this Court praying for grant of regular bail. The respondent/police on the basis of the complaint of one Smt. Radhabai, w/o. Gopinathacharya, a resident of Hoskerehalli, Bangalore, have registered the above case against the petitioner and his parents who are arrayed as A. 2 and A. 3 and have taken up investigation.

(2.) It is alleged among other things in the compliant, the deceased Veena had been given in marriage to this petitioner about six months prior to 9.9.2013. After the marriage the deceased lead a cordial marital life with the accused in the marital home and had given birth to a male child aged about 4 years. It is further alleged, the petitioner had become addicted to alcohol and was subjecting the deceased to cruelty and harassment, being unbearable of the same the deceased left her marital home on 5.9.2013 and since then she was found missing and later her body was found on the bank of Thungabhadra river on 8.9.2013. According to the complainant, the deceased has committed suicide being unbearable of the cruelty and harassment meted out to her by the accused in the case.

(3.) Learned counsel for the petitioner submits, the offences alleged against the petitioner is one under Sections 498-A, 306 r/w. 34 of IPC. They are not punishable with the extreme penalty. He further submits, the material on record reveals the deceased was suffering from mental disorder. She had been got treated by the petitioner in the year 2011. He further contends, the note that has been left by the deceased goes to show that she was dejected in her life. Therefore, he contends the deceased on her own left the marital home and committed suicide by jumping into Thungabhadra river. The accused have no nexus with the deceased committing suicide and therefore, as the petitioner is in custody since 9.9.2013 and as he is no more required for the purpose of investigation, he be released on bail as his parents, who are arrayed as A. 2 and A. 3 have already been granted anticipatory bail by the Jurisdictional Sessions Judge.