SRI KUMARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are seeking to be enlarged on bail in the event of their arrest in Crime No.53/2019 for the offences punishable under Sections 498(A) , 304(B) read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

(2.) The case made out by the prosecution is that a complaint was filed by the father of the deceased on 21.02.2019 stating that the marriage of the deceased was performed with the son of the petitioners on 10.11.2016 and it is stated that at the time of marriage, the complainant had paid dowry of Rs.2,00,000/- to the said accused persons. It is further alleged that the deceased was ill-treated in connection with demand for dowry. It is stated that even after giving birth to a child, she has been subjected to ill-treatment by the petitioners with respect to dowry. It is stated that the deceased committed suicide on 21.02.2019, subsequently a complaint came to be lodged. It is noted that son of the petitioners, who is the husband of the deceased has been arrested on 19.03.2019 and has been subjected to custodial interrogation. It is further stated that there has been recovery pursuant to the statement of accused No.1.

(3.) Taking note of the age of the petitioners and also that the second petitioner is a lady and that accused No.1 has been subjected to custodial interrogation and recovery has been made and that the role of the petitioners in commission of offence is a matter for trial, the petitioners are entitled to be enlarged on bail. However, it is noticed that charge sheet has been filed. 5. In the result, the petition filed by the petitioner under Sec. 438 of Cr.P.C . is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.50/2019 for the offences punishable under Sections 498(A) , 304(B) read with Section 34 of IPC read with Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions: