RITESH Vs. STATE

JUDGEMENT

(1.) This petition is filed seeking bail in Crime No. 63 of 2012 of Mahila Police Station, Gulbarga, registered on 1-9-2012 for the offences under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code, 1860. It is the case of the complainant who is father of the deceased, that the deceased by name Amruta was given in marriage on 12-2-2012 to the petitioner and after the marriage the deceased lived with the petitioner. At the time of marriage there was a demand for dowry in the form of cash and household articles. It is the case of the complainant that after the marriage, the petitioner was demanding a sum of Rs. 1,00,000/- for starting a readymade garment business and in this connection he was ill-treating and harassing the deceased. It is further stated in the complaint that on 1-9-2012 at about 2.00 p.m. being unable to tolerate the ill-treatment and harassment meted out to the deceased she had committed suicide by hanging. Hence, action was sought for. Police have registered the case and arrested the petitioner. Petitioner is in custody, since 4-9-2012.

(2.) Learned Counsel for the petitioner submits that there are no specific overt acts attributed to this petitioner and an omnibus statement is made by the complainant regarding ill-treatment. So far as the allegations are concerned, it is a matter of evidence. However, the allegations against the petitioner are similar to the ones, which are made against those who are granted bail by the learned Sessions Judge. Hence, he submits that this petition may be allowed.

(3.) Learned HCGP on the other hand strenuously opposes the application for bail. Having regard to the facts and circumstances of the case and also the fact that other accused are granted bail, Lam of the view that the petitioner may be granted bail. Hence, the following order: