RAJAPPA @ RAJKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by the petitioner/accused No. 3 for grant of bail in Crime No. 63/1998 of Kushnoor Police Station, Bidar, which is now transferred to Santhpur Police Station for the offences punishable under Sections 498A, 302 and 304 (B) read with Sec. 34 of IPC, and also for the offence punishable under Sections 3,4 and 6 of the Dowry Prohibition Act. It is submitted that the charge sheet has been filed and the Sessions number has been given in S.C. No. 37/1999 and therein the accused No. 3 has been shown as a split up accused for the offence punishable under Sections 498A, 302 and 304 (B) read with Sec. 34 of Penal Code and also for the offence punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act.

(2.) Brief facts of the-case are that, the deceased Pushpa, the wife of the present petitioner got married the petitioner. After the marriage, along with other accused persons, the petitioner/accused subjected the. deceased to physical and mentcd torture for demanding the additional dowry. When she was residing in the house of the accused at Ladha village, all the accused persons were torturing her to bring the dowry. In furtherance of their common intention, on 5.10.1998 at about 2.00 p.m. under a tamarind tree in their own land at Ladha village, the accused persons committed the murder of the deceased Pushpa by beating her and strangulating her and thereby committed the alleged offences. It is the further allegation of the complainant that the petitioner/ accused along with the other accused used to demand dowry of Rs. 25,000,1 Tola gold and other household articles. It is further alleged that the petitioner has already received an amount of Rs. 14,051 as a dowry and other articles and gold.

(3.) On the basis of the complaint, a case was registered against the accused for the offences punishable under Sections 498-A, 302,304 (B) read with Sec. 34 of Penal Code and Sections 3,4 and 6 of Dowry Prohibition Act.