DHANANJAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The petitioner is arraigned as accused No.4 in a case alleging offences punishable under Sections 498A, 304B read with Section 34 of the Indian Penal Code.

(3.) It is the case of the complainant that his daughter had married accused No.1 about four years prior to the incident and that he had provided ample dowry at that point of time in terms of gold and cash. However, the parents of the accused and the accused were harassing the deceased demanding more dowry and they were subjecting the deceased to cruelty and ill treatment. It transpires that on 30.10.2015 the accused No.1 having demanded dowry and having physically and mentally harassed her, she had contacted the complainant on the telephone and complaint tried to console her stating that he would come and speak to her husband. But on 31.10.2015 at about 10.30 a.m. he was further informed that his daughter had attempted to commit suicide by hanging herself. She had been rescued by her neighbours. Though she was taken to hospital, she had died and it is in this background that a case has been registered against the present petitioner along with the other accused. Since the petitioners involvement is only by virtue of relationship as a brother -in -law of accused No.1, in the absence of material evidence to link the petitioner in causing harassment mentally and physically to the deceased, the case of the prosecution cannot be the same as against the accused No.1, in so far as the present petitioner is concerned. Accordingly, he has made out a case for enlargement on bail in the event of his arrest. Though the court below has taken a different view this court is of the opinion that the petitioner may be enlarged on bail in the event of his arrest.