ASHWATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader is directed to take notice for respondent - State.

(2.) The present petition has been filed by the petitioners/accused Nos. 2 and 3 challenging the order passed by the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in S.C. No. 302/2013 dated 11.07.2019.

(3.) The factual matrix of the case as per the prosecution is that the sister of the complainant -Nandini was got married to accused No. 1 about five years back. Thereafter, they have got two children, for sometime they were cordial. Thereafter, the accused started ill-treating and harassing. On 06.03.2013 at about 3.00 p.m., the complainant and his family members received a telephonic message from the matrimonial home of the deceased that she met with an unnatural death by committing suicide in the bath room. Immediately, all the family members rushed to the matrimonial home and saw that the body was lying in the varanda. Being suspecting that it is an unnatural death, the complainant lodged a complaint and the post-mortem was conducted. In the post-mortem report, it is suggested that it is not a suicidal death and the deceased has been murdered. On the basis of the same, the investigation was started. During the course of investigation, the statement of the witnesses including the statement of accused were recorded. Accused No. 1 in his voluntary statement, volunteered that he committed the alleged offence of murder of deceased with the help of accused Nos. 2 and 3 that they have shifted the body to the bath room and made it to appear that she has committed suicide by strangulating with her sari in the bath room. As such, the petitioners/accused Nos. 2 and 3 have been charge sheeted for the offences punishable under Section 498A, 302, 201 read with Section 34 of IPC and also under Sections 3 and 4 of the Dowry Prohibition Act. It is noticed that during the pendency of the case, accused No. 1 died because of the accident as such, the case has been abated as against accused No. 1. Accused Nos. 2 and 3 have filed an application under Section 227 of Cr.P.C. for their discharge and the same was dismissed by the impugned order.