GANGADHARA Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Santebennur police station, Channagiri Taluk Crime No.135/2022 registered for the offences punishable under Sec. 498-A, 304-B, 302 read with 149 of IPC and Ss. 3, 4 and 6 of the Dowry Prohibition Act, pending in S.C.No.7/2023 on the file of the Additional District & Sessions Judge, Davanagere.

(2.) The brief factual matrix leading to the case are that the complainant is the father-in-law of the petitioner and his daughter deceased-Roopa was given in marriage to the petitioner on 6/5/2022 and it was an arranged marriage. According to the prosecution, during the marriage, Rs.5,00,000.00 cash was given to the petitioner as dowry towards marriage expenses along with 55 grams of gold ornaments. It is further alleged that since the date of marriage, all along the petitioner and other accused subjected the deceased to ill-treatment on the ground that as agreed 55 grams of gold was not given and there was short of 5 grams gold and she was subjected to mental harassment all along. This fact was narrated by the deceased to the complainant in person as well as over a phone. Being fed up with the ill-treatment, the deceased is said to have consumed poison on 11/8/2022 and the son of the complainant received a telephonic call in this regard and they rushed to S.S.Hospital, Davanagere. There, they saw that deceased-Roopa was admitted in ICU and she was in coma stage. Subsequently, she did not respond to treatment and died on 12/8/2022 at 2.50 pm. Hence, the complainant lodged complaint in this regard.

(3.) On the basis of the complaint, FIR came to be registered and the petitioner and other accused were apprehended and the petitioner was remanded to judicial custody. Meanwhile, the petitioner approached this Court and his bail petition came to be rejected in Crl.P.No.9936/2022 vide order dtd. 19/10/2022. Subsequently, the investigation was concluded and charge sheet has been laid down by the investigating officer for the offences punishable under Sec. 498-A, 304-B and 302 read with 149 of IPC and Ss. 3, 4 and 6 of the Dowry Prohibition Act.