ALTHAF @ ALTHAF HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner - accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498 -A, 304 -B r/w. Section 34 of IPC and under Sections 3 & 4 of Dowry Prohibition Act registered by the respondent - police in Crime No. 75/2013. The brief facts of the case that one M.G. Dhastagiri Sab, S/o. M.G. Ghouse Sab has lodged the complaint before the police alleging that complainant daughter by name Nazeema was married to first accused - Althaf @ Althaf Hussain as per the Muslim customs in the presence of the Jamatdara and in the said wedlock the couples got child aged 4 months. On 11 -05 -2013 at 3.30 p.m. he received the information through his mobile from the neighbour of the house of his daughter, that his daughter Nazeema committed suicide by hanging herself. Immediately, when the complainant visited to Government Hospital, Hosanagara, his daughter died. He could not find any clue regarding his daughter hanging herself and committing suicide. It is further alleged that on 10 -05 -2013 his daughter had come to his house and informed him regarding all the accused Nos. 1 to 5 subjecting her to physical and mental harassment. However, advised his daughter and sent her to the house of her husband with better hopes and further alleged that on 11 -05 -2013, Nazeema hanged herself and died due to the physical and mental harassment given by the accused Nos. 1 to 5 and her husband Althaf. On the basis of the said complaint, case has been registered.

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

(3.) AS against this, the learned High Court Government Pleader during the course of his argument submitted that perusing the statement of witnesses there is a clear allegation that the accused persons used to give ill -treatment both physically and mentally to the deceased and it is because of the ill -treatment given to her by the accused persons she committed suicide. Hence, he submitted that there is a prima -facie material placed by the prosecution to show the involvement of the petitioner - accused and hence he submitted to reject the bail petition.