H. BASHA Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioners - accused No.1 under Section 439 of Cr.P.C. seeking their release on bail of the offence punishable under Section 498A, 304B read with Sec. 34 of IPC, registered in the respondent - Police Station Crime No.37/2014.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner - accused No.1 and the learned Government Pleader for the respondent -State.

(3.) THE learned counsel for the petitioner during the course of arguments submitted that looking to the averments made in the complaint there is mention that the petitioner and his mother told the Complainant and his family members that they need not pay any dowry and the bride is given in marriage, that is enough. Hence, learned counsel made the submission that this statement in the complaint, prima facie, goes to show that at the time of marriage petitioner and his mother have not insisted the Complainant and their family members to bring dowry either in the form of gold or cash. Hence, he submitted that the statement that she has been harassed in connection with bringing of the dowry amount of Rs.50,000/ - cannot be accepted at all. He made the submission that the immediate cause for the deceased to commit suicide is that the petitioner and his mother have refused to send her to the function. Because of that reason as she was very sensitive might have committed suicide. But it is not because of the dowry harassment. He also made the submission that accused No.2 has already been granted bail by the order of this court. Hence, by imposing reasonable condition petitioner may be enlarged on bail.