KAVIYARASU Vs. STATE

JUDGEMENT

(1.) The petition is filed seeking bail having been arrested for the offences punishable under Sections 498-A and 304-B and 34 of the Indian Penal Code, 1860.

(2.) The facts relevant for the purpose of this petition are as under: Karappan, a resident of Jalahalli, Bangalore East, submitted a complaint to the police against the petitioner and others for the abovesaid offences. He is a labour residing with his wife Indrani, daughter Jivitha the deceased, a son and another daughter. The deceased had completed ITI in Tailoring and since two years had developed love affair with the petitioner, belonging to their own community and about three months back, there were negotiations for the marriage and both the families decided to perform the marriage of the deceased with the petitioner. At the time of the marriage, the parents and others had sought for the dowry by way of golden ornaments and other articles and hence, except a motorcycle, the complainant had given 10 sovereigns of golden ornaments, household articles and the marriage expenses were borne by the complainant himself. The marriage was performed on 24-10-2007 in the village of the petitioner in Tamil Nadu and after the .marriage, they returned to Bangalore, whereas the parents of the petitioner stayed at Tamil Nadu itself. A day earlier to the incident, the parents of the petitioner had returned from Tamil Nadu.

(3.) On 29-10-2007 they held a reception in Fatima Church and the complainant spent an amount of Rs. 55,000.00 for the said purpose. The parents of the petitioner came late and they did not co-operate and after the completion of the reception, the petitioner and the deceased were taken to the house of the complainant in the night and the complainant requested the petitioner to stay in their house in the night. He did not agree and instated that they will go back to their house. Having agreed for the same, the complainant sent his daughter along with the petitioner at about 11.00 p.m. in the night to his house and in the morning at about 4.45 a.m., a relative by name Shankar came and informed regarding the death of Jivitha, the deceased, in the house of the petitioner. They went to the house and saw the dead body of the deceased on a cot and when questioned as to what happened, the petitioner did not answer anything and at that time, Shankar, a relative stated that the deceased committed suicide by hanging herself by use of her vale. Immediately, the body was taken to the hospital and the doctor declared that she is dead. By that time, they returned back to the house of the petitioner. None were there in the house and therefore, they kept the dead body in the house of the petitioner with the assistance of their relative Shankar and after seeking the dead body, they found that there were ligature marks over the neck, in addition to the nail marks. There was bleeding from the left ear and in the circumstances, the complainant filed a complaint stating that the deceased was subjected to cruelty and harassment as the motorcycle was not given at the time of the marriage and therefore, he requested to take action against the petitioner and his parents for the abovesaid offences.