LAWS(KAR)-2015-4-20

MOULALI Vs. THE STATE OF KARNATAKA

Decided On April 09, 2015
Moulali Appellant
V/S
The State Of Karnataka Respondents

JUDGEMENT

(1.) THE present petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on regular bail in Crime No. 8/2015 registered by the respondent police for the offences punishable under Sections 143, 147 and 304B read with Section 149 of I.P.C. and under Sections 3 and 4 of the Dowry Prohibition Act.

(2.) THE facts succinctly stated are that one Mohammed Sadiq by the complaint dated 18.01.2015 had alleged that he had given his daughter, by name Rubina Begum, in marriage to the petitioner herein by name Moulali S/o. Abdulsab Nadaf, who was employed with Karnataka Electricity Board and that the marriage was solemnised on 14.12.2008. He further states that out of the marriage, his daughter had borne two children, one aged about two years and the second child is aged about nine months. The complainant has narrated that after the marriage the petitioner, his mother and others started illtreating the deceased Rubina Begum by making demands upon her to bring dowry. His specific allegation is that the accused No. 1 i.e., the petitioner herein had demanded for a sum of Rs. 5,00,000/ - in order to enable him to construct a house and that on refusal the deceased Rubina Begum was illtreated and tortured leading to the deceased leaving the matrimonial house.

(3.) THE complaint further discloses that the petitioner had telephoned the complainant at about 9.30 a.m. on 18.01.2015 stating that his daughter had committed suicide in the bed room by hanging herself to the slab hook by using a saree. The complainant has immediately lodged the present complaint and the respondent police have taken the accused into custody and he has been in custody since the said date. The mother of the petitioner was also arrested and remanded to judicial custody. The petitioner and his mother had moved the court below and the court below by order dated 04.02.2015 was pleased to release the mother, who is aged about 62 years, but has rejected prayer of the petitioner for similar relief. Aggrieved, the petitioner is before this Court.