LAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Government Pleader. The present petitioner is arraigned as accused No. 3 in the following circumstances: The complainant -Ratnavva had lodged a complaint alleging that, her daughter -Laxmi was married to accused No. 1 on 03.06.2011 and that, though accused No. 1 and his family had been provided with extensive dowry in terms of cash and gold, accused No. 1 and his family members were demanding more. As a result of which, the daughter of the complainant was constantly harassed and tortured. It transpires that, the daughter of the complainant was pregnant and she wanted accused No. 1 and his family to send her to her parental home for Simanta function. But it was refused by the accused No. 1 and his family. It is later learnt by the complainant that, out of sheer frustration and depression, the deceased had died, as a result of hanging. Therefore, it was alleged by the complainant that, the deceased was done to death by the accused No. 1 and his family including the present petitioner. It is in that background, that a case has been registered for offences punishable under Sections 498A and 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity), against this petitioner and two others, namely, the husband and mother -in -law of the deceased.

(2.) THE learned Counsel for the petitioner would submit that, the petition filed before the Court below seeking anticipatory bail, had been rejected on the footing that, the death of the deceased was unnatural and it had taken place in her matrimonial home and was within two years from the date of her marriage, and hence there was serious suspicion of foul play and involvement of the present petitioner and others, and as the matter was still under investigation, the relief has been rejected. The learned Counsel for the petitioner has pointed out that, it is on record that the present petitioner was married and was staying in her own matrimonial home. She was not residing along with the deceased and her husband. Therefore, she was involved in the commission of any crime, is only an allegation, without any basis and seeks enlargement on bail. Since the petitioner is a married woman staying in her own matrimonial home, the case sought to be made out, that the present petitioner having treated the deceased with cruelty and having abetted commission of suicide, may not be readily acceptable, unless established beyond all reasonable doubt at the time of the trial. Therefore, the petition is allowed. In the event the petitioner should be arrested, she shall be enlarged on bail on her furnishing a self bond for a sum of Rs. 20,000/ - with a solvent surety for a like sum subject to the following conditions: 1. The petitioner shall not leave the jurisdiction of the trial Court without seeking leave of that Court. 2. The petitioner shall make herself available to the Investigating Authority as and when required for the purposes of investigation.