CHANDRAMOULY S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The defacto complainant is before this Court under Sec. 439(2) of Cr.PC, seeking cancellation of regular bail granted to respondent no.2 by the Court of the VIII Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, in Crl.Misc.Petition No.946/2023 dtd. 3/6/2023.

(2.) Heard the learned Counsel for the petitioner and also perused the material available on record.

(3.) On the basis of the statement given by Smt. Madhuri - wife of respondent no.2 and daughter of the petitioner herein dtd. 26/1/2023, Varthur Police Station, Bengaluru City, had registered FIR in Crime No.17/2023 for the offences punishable under Ss. 34, 498A IPC and Sec. 4 of Dowry Prohibition Act, 1961. The said statement was recorded at Manipal Hospital on 26/1/2023 at about 2.05 a.m. In her statement, Smt. Madhuri had stated that she was married to respondent no.2 herein in the year 2016 and from the said wedlock, they have a son. It is alleged that respondent no.2 and his family members were harassing Smt. Madhuri, and respondent no.2 allegedly also had an illicit relationship with another lady and he used to abuse and assault his wife Madhuri regularly and asked her to bring money from her house. On 25/1/2023 at about 10.00 a.m., respondent no.2 allegedly abused his wife Madhuri and stated that if she leaves him, he intends to lead life with somebody else. Her in-laws also allegedly abused Madhuri. Therefore, she had consumed some chemical which was brought from her son's school for the purpose of experiment. Based on the statement of Madhuri, FIR in Crime No.17/2023 was registered for the offences under Ss. 498A, 34 IPC and Sec. 4 of the Dowry Prohibition Act, 1961. It appears that subsequently, Madhuri died on 31/1/2023 in the hospital. Thereafter, the defecto complainant had lodged the complaint before the Varthur police stating that on 25/1/2023 her daughter Madhuri was subjected to torture by her husband and in-laws and this was informed to her by her daughter. Immediately, she went to the house of her daughter. Even before she could reach the house, the accused persons including respondent no.2 herein had caught hold of her daughter and made her forcibly consume poison. She has stated that this was informed to her by her daughter Madhuri who had handed over her son to her custody, and thereafter, she had taken her daughter to Manipal Hospital and got her admitted. Based on the subsequent complaint, offence under Sec. 304B IPC was invoked against the accused persons.