SHABBIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent -State. Perused the records.

(2.) IT is the case of prosecution that the deceased lady by name Kousar was given in marriage to petitioner about one year prior to the incident. It is alleged that, at the time of marriage, cash of Rs. 25,000/ - and two tolas of gold was given as dowry to the petitioner. After the marriage also the petitioner and his family members have been ill -treating and harassing the deceased and have forced her to bring some more cash and gold. In this background, it is specifically alleged that, on 10.04.2013 there was a function in the house of petitioner and for that function the deceased Kousar and her family members had come to the house of petitioner from their native place. In the statement of witnesses and also in the Dying Declaration of deceased it has been stated that, on that day also the petitioner his parents and others have demanded for Rs. 25,000/ - and also two tolas of gold and abused the deceased that she has come to their house without cash and gold. After having dinner on that day all of them went to bed, after some time the deceased went to kitchen and poured kerosene on herself and lit fire, she has sustained severe burn injuries and thereafter she was shifted to hospital and later she has succumbed to injuries.

(3.) THE learned counsel for petitioners contended that the chargesheet has already been filed and the other accused persons have already been released on bail and death has occurred after 27 days of the incident. The learned counsel also brings to my notice the statement of mother of the deceased. Wherein, she has stated that it was an accidental fire and there was no demand of any dowry by accused persons. But, except this lady, all other witnesses have consistently stated about the demand of Rs. 25,000/ - and also gold by petitioner and other accused persons and other witnesses have also stated about what has exactly happened on 10.04.2013, and also about the demand of dowry on that day. Perhaps this may be the reason for the deceased to commit suicide. However, at this stage, these materials cannot be brushed aside as false and concocted. But at this stage there are sufficient materials to show that soon before her death there was demand from petitioner with regard to cash and gold and he has abused and harassed the deceased on that day. There was close nexus between husband and wife on that night, something must have happened in the bed room between petitioner and deceased after they went to bed. Perhaps that may be the reason for the deceased to go to kitchen and commit suicide. This has to be explained by accused persons as to what transpired between himself and deceased and actually what happened on that day. Looking to the above said materials on record, I am of the opinion that though the charge sheet is filed, it is not a fit case, particularly, to enlarge the petitioner on bail.