JAIBUNNISSA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mother of the deceased made a complaint/information to the police alleging that the accused have committed offence punishable under Sec. 498A, 304B read with Sec. 34 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act. The information so made was registered in Crime No. 190 of 2015 by Hassan Circle Police Station. The incident is said to have been committed on 12th July 2015 between 17.00 and 18.05 hours and the complaint was made at 18.05 hours and petitioner herein, who is accused No. 2, surrendered before the Magistrate on 16th July 2015 and the Magistrate has remanded the petitioner to judicial custody and she is in custody since then. In the complaint it has been stated that the deceased was informing her parents about the cruelty and demand of dowry which was persisting since the date of marriage and it is informed that on 12th July 2015 at 5.00 clock in the evening she died by hanging herself. Husband and mother -in -law are in custody since the date of arrest they having surrendered before the Magistrate. Sister of the accused has been granted bail.

(2.) The learned counsel for the petitioner submits that there was no dowry harassment and only a false complaint has been made. Respondent -police have committed an error in not enquiring into the credibility of the complaint since it is cognizable offence and no preliminary investigation/enquiry has been conducted and automatically these petitioners are kept in judicial custody, which is nothing but infringing the fundamental rights of the petitioners. Hence, the same is violative of Articles 14 and 21 of the Constitution of India.

(3.) The learned counsel for the Respondent submits that having satisfied with the information furnished in the complaint with regard to committing of offence by the accused persons, the husband of the deceased was taken to custody; and the accused No. 2 the petitioner herein, has surrendered herself before the Magistrate and thereafter they were remanded to judicial custody. Since the investigation is still on, it may not be proper to release the petitioner on bail.