VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.2 and 3 have filed this petition under Sec. 439 of Cr.P.C. for enlarging them on bail in Cr.No.75/2022 of Kora Police Station registered in S.C.No.152/2022 for the offence punishable under Sec. 306 r/w Sec. 34 of IPC.

(2.) The brief factual matrix leading to the case are that the complainant is the wife of deceased- Govindaraju and the present petitioners are the father and the brother of the deceased. It is the case of the prosecution that after marriage of the complainant with deceased-Govindraju, she conceived within two months. However, accused No.4 who is the sister of the deceased who was married two years earlier, she could not conceive and hence, it is alleged that all along the accused have pestered the deceased to get terminated the pregnancy of the complainant for which the deceased did not agree. It is alleged that all along the deceased was subjected to ill-treatment by the accused persons in this regard and being fed up with the ill-treatment, he has initially taken shelter in his in- laws house wherein the complainant was also staying. However, he used to oftenly visit his native place and at that time, he was assaulted and humiliated.

(3.) It is further the case of the prosecution that on 19/5/2022, the deceased visited the Linganahalli village and at 8.30 p.m. galata took place between the accused and the deceased-Govindaraju and deceased has raised his voice on the ground that all along the accused were insisting him to get pregnancy of his wife terminated. It is further alleged that meanwhile accused No.3 i.e., present petitioner No.2 and accused No.4-sister of the deceased intimated the matter to the police and police came there at 9.00 p.m. and directed them to get their matter resolved in Kora Police Station on the next day morning. It is the further case of the prosecution that enraged by this, the deceased suddenly went inside the room and locked it from inside. Then he pour petrol on himself and lit, as a result, he sustained fatal burn injuries. When police officials who were present there tried to extinguish the fire, they suffered injuries on their hands and later on the injured was shifted to the hospital, wherein, he succumbed without responding to the treatment. As such, the complainant has lodged a complaint alleging that the accused all along subjected her husband to physical and mental cruelty as a result the deceased was compelled to take extreme step of committing suicide. On the basis of the complaint the crime came to be registered. All the accused were arrested and remanded to judicial custody.