K. RAMESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner -accused No. 1 under Sec. 439 of Cr.P.C. seeking his release on bail of the offences punishable under Ss. 498, 304B read with Sec. 34 of IPC and Ss. 3 and 4 of Dowry Prohibition Act, 1961, registered in respondent -Police Station Crime No. 31/2015. Later, the offence under Sec. 306 of IPC was also inserted in the case.

(2.) Brief facts of the prosecution case that the mother of the deceased lodged the complaint stating that in the year 2013, the complainant had given her daughter Yashoda (deceased) to petitioner -accused No. 1 in marriage and at the time of marriage, as per the demand made by the accused persons, a sum of Rs. 30,000/ - cash, out of Rs. 50,000/ - and 2 tolas of gold was given as dowry. The remaining dowry amount i.e., Rs. 20,000/ - was agreed to be paid after the marriage. It is further alleged that the accused have looked after the deceased well for about 1 1/2 years after the marriage and thereafter they started giving physical and mental cruelty to her to bring remaining dowry amount of Rs. 20,000/ -. During the month of January 2015, the petitioner along with his wife Yashoda have came to the house of complainant to celebrate village festival and during that time petitioner had demanded remaining dowry amount of Rs. 20,000/ -. The complainant did not pay and informed him that she had spent the amount towards the delivery expenses of her daughter -in -law and she would pay the remaining dowry amount after some time. On hearing this, petitioner left his wife in complainant's house and returned back to his native place. After few days, accused No. 2/mother of accused No. 1 visited to the house of complainant and taken back the daughter -in -law (deceased) to the matrimonial home. It is further alleged that since from the date of taking back the deceased to the matrimonial home, accused persons have not giving cell phone to the daughter of complainant to talk with the complainant and her family members. Further that about 15 days prior to lodging of FIR, the daughter of complainant had called to her mother through petitioner's cell phone and informed that petitioner/accused No. 1 and accused Nos. 2 and 3 have been abusing her, stating that without doing any work, she is eating and also abused her that she is incapable to bring the remaining dowry amount of Rs. 20,000/ -. Further they instigated her daughter to commit suicide by consuming anything as she had failed to bring remaining dowry amount. Petitioner was threatening the deceased stating that they will perform another marriage to petitioner/accused No. 1.

(3.) Heard the arguments of the learned counsel appearing for the petitioner -accused No. 1 and also the learned HCGP appearing for the respondent -State.