AKTAR Vs. STATE

JUDGEMENT

(1.) The petitioner who is arrayed as A. 2 in Crime No. 129/2013 on the file 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 complaint of one Sri. Shabbir Khan, S/o. Mohiddhin Khan, a resident of Shanthinagar, Shimoga, have registered the above case against this petitioner and four others who are the husband, mother-in-law, sister-in-law and brother-in-laws of the deceased Ruhina Khanum and took up investigation.

(2.) It is alleged among other things in the complaint, the deceased Ruhina Khanum had been given in marriage to the first accused about three years prior to 15.10.2013. She had given birth to a male child. It is further alleged that these accused were subjecting the deceased to cruelty and harassment on the ground that she is not attending to household work properly. Such being the case on 15.10.2013 at about 6.30 p.m. the deceased being unbearable of the cruelty meted out to her committed suicide in the house of the accused. Therefore, the accused have committed the aforementioned offences. Petitioner is the mother-in-law of the deceased. She is aged 65 years. The allegation in the complaint is that the accused had subjected the deceased to cruelty and harassment on the ground that she does not know household work. Being dejected of the same, the deceased committed suicide. Since the petitioner is the mother-in-law of the deceased and taking into account she is aged 65 years and in view of what is contemplated under the proviso provided under Section 437 of Cr.P.C. and as she is no more required for the purpose of investigation, I do not find any justification to decline the request of the petitioner. Accordingly, I proceed to pass the following:--