MALLAPPA @ MALLIKARJUN Vs. THE STATE

JUDGEMENT

(1.) This is the petition filed by the petitioner - accused no.2 U/Sec.439 of Cr.P.C., seeking his release on bail of the alleged offences punishable U/Sec.302, 304 -B, 498 - A R/w 34 of IPC and Sec.3 & 4 of D.P. Act, registered in respondent police station Crime No.144/2016.

(2.) Brief facts of the prosecution case are that the marriage of the elder sister of the complainant was performed with one Sanjukumar. About 9 -months back, complainant's second sister/Jayashree's marriage was performed with accused no.1 Arunkumar of village Siddeshwar. Bhagyashree the third sister of the complainant is studying M.A., residing with the complainant and still her marriage was not performed. About 9 -months back, complainant's second sister deceased Rajeshwari's marriage was performed with son of petitioner Arunkumar with the mediator of one Sahadev, who is relative of complainant at Eden Garden, Bhalki. The engagement of his sister Rajeshwari was performed with accused no.1 Arunkumar at village Siddeshwar. At that time, petitioner and others demanded Rs.8.00 lakhs and 5 -tola of gold as a dowry and also demanded Rs.1.00 lakh for furniture and other household articles and further demanded to perform the marriage in a befitting manner and same was agreed by the complainant and his parents. On 11.6.2015 the marriage of deceased Rajeshwari was performed with the son of the petitioner at Eden Garden Function Hall, Bidar and spent Rs.1.00 lakh for performing the marriage.

(3.) After the marriage, said Rajeshwari started to reside with her husband at village Siddeshwawr and they lived there for 2 -3 months happily. Thereafter, Arunkumar, i.e. son of the petitioner started to demand Rs.1.00 lakh, one motor bike and one tola gold from her parental house. When the complainant had gone to the house of sister Rajeshwari for taking to his house for the celebration of Deepavali festival, at that time, her husband said that, he will not send his wife with the complainant until he gives one tola gold. Then the complainant purchased one tola gold by taking bond, thus they gave gold to the husband of his sister and thereafter took his sister to his house for celebrating Deepavali festival. Compainant's sister Rajeshwari had completed B.A., B.Ed., and she got M.A. seat from Government, but, her husband Arunkumar has given mental torture and further said that his mother asking to come back to their village Siddeshwar and further said that she should reside at village Siddeshwar by doing household work. It is also alleged in the complaint that they have promised to give Rs.8.00 lakh as dowry, but they paid Rs.2.00 lakhs and for remaining balance amount, they were giving cruelty and harassment to his sister.