LAWS(KAR)-2019-5-139

ZEENATH Vs. STATE OF KARNATAKA

Decided On May 21, 2019
ZEENATH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader and perused the materials placed before the Court.

(2.) The petitioner has sought her enlargement on bail in Crime No.30/2019 registered by the respondent police station for the offence punishable under Sections 498A, 304B, 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961.

(3.) Learned counsel for the petitioner in his arguments submitted that neither the complaint nor the charge sheet material alleges any overt-act against the present petitioner, who is the mother-in- law of the deceased. Further, the Post-Mortem Report also clearly go to show that the Doctor has opined that death of the deceased was due to asphyxia as a result of hanging. He submits that in view of medical opinion, the alleged contention of the complainant that the deceased was killed by the accused would not find a base in the charge sheet. He further submits that the petitioner is age old person of more than 70 years and is suffering from several health problems.