SACHIN Vs. STATE

JUDGEMENT

(1.) Petitioner has sought for grant of bail in connection with Crime No. 160 of 2008 of Tilakwadi Police Station for the offence under Sections 498A and 304B of the Indian Penal Code, 1860 and the Dowry Prohibition Act, 1961.

(2.) Complaint came to be filed by the father of the deceased stating that the marriage of the petitioner had taken place with the deceased Deepa on 5.6.2006 at Belgaum. At the time of marriage, gold and other articles were given and also marriage expenses were borne by the complainant. After marriage, the deceased went to lead marital life. After some time, it is alleged that her mother-in-law and husband started harassing for petty reasons. When she visited her parental house and complained of the same, she was advised. It is alleged, since his son-in-law/petitioner intended to open a hospital, petitioner and his mother demanded Rs. 10,00,000 financial assistance and in this regard, Rs. 2,50,000 was given and the complainant had agreed to pay the balance. In between when the complainant went to his daughter's house on 4.11.2008, in his presence also the petitioner abused his daughter for which the complainant told the petitioner that they would pay the remaining balance. Thereafter, on the next date 5.11.2008, Deepa telephoned her sister stating that her husband is assaulting her. Thereafter, within ten minutes, complainant was informed that Deepa had committed suicide by hanging to the ceiling fan in the room by bolting the door from inside. On the complaint filed before the police, a case came to be registered. Hence, this petition.

(3.) According to the petitioner, he is innocent of the alleged offence. He has been falsely implicated in the case and the deceased who was also a doctor was practicing in the clinic. It is further stated, the ingredients of the offence under Section 304B is not attracted. A false complaint has been filed against the petitioner and no such complaint is filed prior to alleging harassment. Petitioner is a dentist. The deceased as well as the petitioner were initially running a clinic at Sankeshwar for about six months. They were also practicing at Belgaum and had purchased a flat in the name of the deceased Deepa herself. The relationship of the petitioner with the deceased was cordial and there was no occasion to ill-treat her. The deceased herself was suffering from ailment and taking treatment by one Dr. Waghmore and she never used to disclose her problem even though asked. There was a child of 11/2 years to be looked after. Accordingly, he has sought for bail.