SMT. LAXMI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under section 439 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as "Cr.P.C.") seeking regular bail in Gangavathi Rural Police Station crime No.6/2018, which is numbered as Crl. Misc. No.1257/2018 for the offences punishable under Sections 498-A, 302, 506 r/w. Section 34 of the Indian Penal Code, 1860 (henceforth for brevity referred to as "IPC").

(2.) The summary of the case of the prosecution is that on 04.01.2018 at about 19:45 hours, the complainant Sri. Laxman S/o. Lakappa Koravi of Deshnur village (father of the deceased lady) lodged a complaint with the respondent police alleging that his second daughter Iravva was married about 13 years back to accused No.1 i.e. Raju Mallappa Talavar. Out of their wedlock, they got two daughters born to them. However, alleging that the said Iravva has given birth only to daughters, her mother-in-law i.e. accused No.2 and husband i.e. accused No.1 were subjecting her to cruelty. That being the case, on 30.12.2017 hearing from the neighbour that her daughter had sustained burns and was admitted to hospital, the complainant rushed to the hospital on 31.12.2017. He enquired her and came to know that due to stove blast she sustained burns. He was attending to her ailing daughter. On 04.01.2018 in the evening at 5 O'clock, the victim told to her father (complainant) that her husband and mother-in-law were subjecting her to cruelty alleging that she has given birth to only girl children. In that regard, with an intention to put an end to her life, her husband on the alleged date of incident doused her with kerosene and put fire to it. It is because of the threat given by her husband, she did not disclose the truth of the incident before anybody so also before the police. The said complaint was registered in the complainant's police station crime No.6/2018 for the offences punishable under Sections 498-A, 302, 506 r/w. Section 34 of IPC.

(3.) Subsequently after the death of the victim due to the incident, the Section 302 of IPC was substituted with Section 307 of IPC in the crime. The complainant police after investigation have filed charge sheet against both the accused for the offences punishable under Section 498-A, 302 and 506 r/w. Section 34 of IPC.