B.L.Jayesha S/O Late B.T.Lingappa Gowda Vs. the Station House Officer Balehonnur Police Station - Court Judgment

Excerpt:
[n. ananda j. ] this crl.p is filed under section 439 cr.p.c praying to enlarge the petitioner on bail in cr. no.94/2010 of balehonnur police station, chiekmagalur district, registered for offences punishable under sections 498-a and 304-b ipc.order1. the petitioner married deceased k.s.nivediiha on 6.6.2010. at the time of marriage, the petitioner had demanded and accepted dowry. after the marriage, the deceased was living in the house of petitioner. the petitioner had subjected the deceased to cruelty in connection with dowry demand. therefore, she committed suicide on 14.7.2010 in the house of petitioner.2. the learned counsel for petitioner referring to the first information and further statement given by the father of deceased would submit that in the first information, father of deceased has stated that he had already paid a sum of rs.2,00,000/- and in further statement he has stated that he had given 20 pavans of gold as dowry and assured to given remaining sum of 2 dakhs (dowry) after the marriage. the learned counsel for petitioner referring to these discrepancies would submit that the entire case is concocted. the learned counsel has also produced the copy of s.b.account passbook of the mother of petitioner to show that she is financially affluent.3. the first information was given soon after the death of deceased. the death has occurred within a period of 1 month 8 days from the date of marriage. therefore, the first informant might have been in a state of shock, when the first information was lodged. the further statement of the first informant would prima-facie indicate that there was demand for dowry. even two days before his date of occurrence, the deceased had contacted her parents and informed them of cruelty meted out by her by the petitioner.4. in the circumstances, i hold that there is prima- facie case against petitioner. therefore, petition is dismissed.

Judgment:
ORDER

1. The petitioner married deceased K.S.Nivediiha on 6.6.2010. At the time of marriage, the petitioner had demanded and accepted dowry. After the marriage, the deceased was living in the house of petitioner. The petitioner had subjected the deceased to cruelty in connection with dowry demand. Therefore, she committed suicide on 14.7.2010 in the house of petitioner.

2. The learned counsel for petitioner referring to the first information and further statement given by the father of deceased would submit that in the first information, father of deceased has stated that he had already paid a sum of Rs.2,00,000/- and in further statement he has stated that he had given 20 pavans of gold as dowry and assured to given remaining sum of 2 Dakhs (dowry) after the marriage. The learned counsel for petitioner referring to these discrepancies would submit that the entire case is concocted. The learned counsel has also produced the copy of S.B.account passbook of the mother of petitioner to show that she is financially affluent.

3. The first information was given soon after the death of deceased. The death has occurred within a period of 1 month 8 days from the date of marriage. Therefore, the first informant might have been in a state of shock, when the first information was lodged. The further statement of the first informant would prima-facie indicate that there was demand for dowry. Even two days before his date of occurrence, the deceased had contacted her parents and informed them of cruelty meted out by her by the petitioner.

4. In the circumstances, I hold that there is prima- facie case against petitioner. Therefore, petition is dismissed.