C.H. RAGAVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ONE Mr. K. Millinath lodged a complainant against this petitioner and his other family members, alleging the offences under Sections 498A, 304B, 306 r/w 149 of Indian Penal Code, 1860 at the initial stage, on the allegations that the complainant's daughter by name Sushma was given in marriage to the petitioner about one and half years ago. At the time of marriage, on demand, they have given a sum of Rs. 2,00,000/ - as dowry, four tolas of gold and other gold articles and other valuable materials to the petitioner. It is alleged that after some time, about one month after the marriage, the petitioner and his family members started ill -treating and harassing the deceased Sushma in demand of more dowry and other articles. In fact, she conceived during her stay in the house of her husband. Coming to know about this, complainant and his family members went to the house of the petitioner and advised them to look after Sushma with all love and affection. In this back ground, it is further alleged that in the month of July 2012, the petitioner and his family members ill -treated and harassed the said lady and also got aborted her pregnancy. It is also alleged that this petitioner has some illicit intimacy with some other lady. This also made the deceased being frustrated in the life. It is the specific case of the complainant that, on 4/8/2012 at about 6.30 p.m., she received a phone call from the mother of the petitioner stating that Sushma committed suicide in their house. The complainant and his family members went to the house of the petitioner and found that their daughter Sushma committed suicide by hanging herself in her room in the house of the petitioner.

(2.) ON these allegations, the police have investigated the matter and submitted the charge sheet. Even after charge sheet is filed, it appears, the matter was referred to the C.I.D. police for proper investigation as the complainant suspected the death of deceased is a murder. Even after that, the C.I.D. have investigated the matter and submitted the charge sheet for the same offences. The other accused persons, in fact, the mother and sister of the petitioner have already been released on bail.

(3.) UNDER the above said circumstances, when the charge sheet has already been filed and there is no material to show the time gap between the last ill -treatment and the death of the deceased, all these things in my opinion, has to be taken into consideration in order to implicate the accused into crime. The allegations made in the complaint though establish that the death was occurred within short span of time after the marriage, nevertheless, the said allegation of ill -treatment and harassment have to be proved before the Court and the Court has to ascertain whether the same was sufficient to draw an inference that the said ill -treatment was sufficient to drive a woman to commit a suicide. Under the above circumstances, considering the long stay of the petitioner in the jail, I am of the opinion, on imposing certain conditions, the petitioner is entitled to be enlarged on bail.