YASHODHAMMA Vs. STATE BY SALIGRAMA POLICE STATION

JUDGEMENT

(1.) THE petitioner who is accused No. 2 in crime No. 138/13 on the file of Saligrama police station registered for the offences under Sections 498(A), 304B r/w Section 34 of IPC and Sections 3 and 4 of DP Act is before this Court seeking for regular bail. On the complaint of one Cheluvegowda s/o Ramegowda resident of Moodalabeedu, K.R. Taluk of Mysore District, Saligrama police have registered the above case against the petitioners and her two sons who are arrayed as A1 and A3 in the case. It is alleged that Savitha daughter of the complainant had been given in marriage to accused No. 1 and at the time of marriage, accused had been given cash of Rs. 1,50,000/ - and gold jewellery weighing about 150 grams as dowry. After marriage, the deceased Savitha led a cordial marital life with the accused in her marital home. After some time, the accused started subjecting her to cruelty and harassment on the ground for demand for additional dowry to bring cash to purchase land. Such being the position in due course of time, Yashodha, the other deceased in the case, was married to accused No. 3 and at the time of the said marriage a cash of Rs. 1,00,000/, gold jewels weighing 150 grams were given as dowry. After Yashodha joined the marital house, for some time she was treated cordially in the marital home. Thereafter differences arose between the two deceased and they were quarrelling frequently with each other. It is also the case of the prosecution, in the mean time the accused were also subjecting them to cruelty and harassment. It is alleged that the two deceased ultimately on 23.08.2013 at about 00.00 hours i.e., in the mid night, both of them committed suicide by jumping into the canal running near Saligrama village. Therefore, the accused have committed the aforesaid mentioned offences.

(2.) LEARNED counsel for the petitioner submit that the material on record does not reveal this petitioner, who is the mother of accused Nos. 1 and 3 and the mother -in -law of the two deceased had subjected the two deceased to any cruelty and harassment, as alleged in the first information. He further submits the petitioner being an aged lady of 70 years, by virtue of the proviso provided to Section 437 of Cr.P.C., she be released on bail.

(3.) THE material on record reveals the two deceased namely Savitha and Yashodhamma in the case are the daughters -in -law of this petitioner being the wives of her sons accused Nos. 1 and 3 in the case. The material at this stage does not reveal that this lady has subjected the deceased to cruelty and harassment. That is fortified from the fact that Yashodhas marriage was performed subsequent to the marriage of Savitha who had two issues through her husband accused No. 1. The allegations also further reveal that after the marriage of Yashodha, she was being treated cordially in the martial home. Taking into consideration that this petitioner is an aged lady of 70 years, apart from the merits of the case, by virtue of what is contemplated in the proviso provided to under Section 437 of Cr.P.C., as she is in custody since 23.08.2013, in the circumstances, there is no justifiable reasons to decline her request for bail. Accordingly, I proceed to pass the following: - ORDER