SANDEEP Vs. HANUMANTHAYYA TEEKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondents-state.

(2.) The brief facts of the case is that the complainant in the complaint says that his sister one Savithri was married to this petitioner on 17.11.2016 and at the time of marriage, they paid cash of Rs.3,00,000.00 and also golden ornaments. Even after the marriage, they continued to harass his sister and insisting her to bring additional dowry. It is further alleged that on 17.10.2017, the complainant's uncle went to the house of this petitioner to invite the deceased Savithri and accused No.1 for Deepavali festival and at that time all the family members have abused him. Subsequently, the sister came to Deepavali festival and she was missing from 24.10.2017 and the body was found on 25.10.2017 in the canal. The case has been registered for the offence punishable under Sections 498(A), 304B, 504, 506 r/w 149 of Penal Code and 3 and 4 of D.P.Act.

(3.) The main contention of the petitioner is that he is innocent of the offences and he has been falsely implicated in this case. The other family members have been already enlarged on bail. The complaint averments is specific that deceased went to bus stand to drop her sister and she did not came back to house and on the next day her body was found in the canal and the deceased studied up to Pre-University Course and she knows reading and writing. There is no any complaint of harassment prior to the incident and only a false story is created taking the advantage of death of the sister. The petitioner is also entitled for bail on the ground of parity since accused Nos.2 and 3 have been already enlarged on bail by this Court in Criminal Petition No.100072/2018 vide order dated 27.02.2018 and the offences are also not punishable with death or imprisonment for life.