NAGAMANI DATTATREYA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under section 439 Cr.P.C. by accused Nos. 2 to 4 in Cr. No. 116/2016 registered by Gandhi Nagar police station, Ballari, for the offences punishable under Sections 498-A, 504, 304-B read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, seeking for grant of bail. A complaint came to be lodged by one Sri. K. Chandrashekhar, father of deceased Smt. Kaveri, alleging that his daughter Smt. Kaveri was given in marriage to accused No. 1/Sri. Rupendra Prasad on 26.03.2016 and at the time of solemnisation of marriage, Rs. 6 lakhs (rupees six lakhs) by cash was paid as dowry along with six tholas of gold. It is further stated that accused No. 1 was working in M/s. Ogent Glass Company at Mehboob Nagar, Telangana (Andhra Pradesh State) and had left his wife i.e., daughter of the complainant with his parents at Ballari and he was residing alone at Mehboob Nagar. He further alleges that one month prior to lodging of complaint, his daughter Smt. Kaveri had informed him over phone that accused Nos. 2 to 4 have been making reckless allegation that she is not able to cook properly or attend the household work in a systematic manner. It is also alleged that accused No. 1 had also informed that deceased Smt. Kaveri should stay with his parents only and not with him at Mehaboob Nagar and had also abused her in foul language. It is further stated that accused No. 1 used to inform deceased that he would have married a girl more beautiful than her by receiving more dowry and as such, he was demanding additional dowry from her parents which fact was informed by deceased to me complainant. The complainant has also stated that he was consoling his daughter and also the accused persons that since her marriage was performed recently and he would make arrangements to pay additional dowry after his economic condition improves. It is stated that despite such assurances given, harassment given to his daughter by the accused persons did not stop but continued. He has alleged that on 19.06.2016, accused No. 1 had come to Ballari and informed his wife (Smt. Kaveri) that she should not inform her parents as to what transpired at her matrimonial home and thereafter on 20.06.2016 at about 8.30 p.m., complainant received a telephone call from accused No. 1 that Smt. Kaveri has committed suicide in his house by hanging to a ceiling fan and on account of his staying away from Ballari, he asked the complainant to proceed to Ballari immediately. On reaching the house where Smt. Kaveri was staying, they found the dead body. It was found that Smt. Kaveri being unable to bear the harassment of accused, had committed suicide between 8 p.m. to 8.30 p.m. on 20.06.2016. Accordingly, alleging dowry harassment and same being the cause for death, complaint came to be lodged which was registered by the jurisdictional police and petitioners along with accused No. 1 were apprehended on 21.06.2016.

(2.) It is the contention of Mr. Shrikant D. Babladi, learned counsel appearing for the petitioners that petitioners are in no way responsible for the death of Smt. Kaveri and when complaint read as a whole does not suggest about any allegation having been made against petitioners so as to attract the ingredients of Section 498-A of IPC. He would also elaborate his submission by contending that no material is available on record to arrive at a conclusion that petitioners have committed the offence punishable under Section 304-B of IPC and petitioner No. 2 who is the daughter of petitioner Nos. 1 and 3 undisputedly is residing in a separate house along with her family members and she has been falsely implicated in the instant case. Hence, he prays for grant of bail.

(3.) Per contra, learned Government Pleader appearing for the State submits that prima facie averments made in the complaint would suggest that deceased had committed suicide being unable to withstand the harassment meted out by accused persons which was demand of additional dowry and as such, he prays for rejection of the petition.