CHANTHULAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.1 among the 3 accused in the instant Crime No.469/2019 of Pooyappally Police Station, Kollam District, which has been registered for offences punishable under Secs.302, 304B, 344 read with Sec.34 of the IPC.

(2.) The prosecution case in short is that, the deceased lady Thushara, aged 27 years, was the wife of A1 and that A2 and A3 are the parents of the A1. After the solemnization of the marriage of A1 with the deceased lady on 9.12.2013, she has been living in the matrimonial home, along with the abovesaid accused persons and that in furtherance of their common intention, accused Nos.1 to 3 had constantly subjected her to mental harassment and cruelty and demanded more dowry, and that on 7.6.2017, after she had given birth to her second child, they had constantly deprived her food and medication for quite a long time and due to lack of basic nutrients, her weight got reduced to 20 kilograms and due to such extreme starvation, it ultimately resulted in her death on 21.3.2019 and that the accused persons with the intention to consistently and constantly deprive her of food and nutrients and medications, have thus committed the abovesaid offences. Accused Nos.1 and 2 were arrested and remanded on 29.3.2019. Accused No.3 was arrested on 4.4.2019. Accused Nos.2 and 3 (who are the father and mother of the petitioner herein-A1) have already been granted regular bail by this Court as per order dated 23.9.2019 rendered in B.A.No.6647/2017.

(3.) The learned counsel for the petitioner would point out that the abovessaid allegations raised against the petitioner are false and baseless and further that this Court has already taken sympathetic view in the case of accused Nos.2 and 3, who are the parents of the petitioner (A1) by granting regular bail to them and similar view may be taken in the case of the petitioner (A1) and may release the petitioner on regular bail subject to stringent conditions.