Sajid Ahmed Yaliwal v. State by Women P. S. , Hubli
2012-09-28
Jawad Rahim
body2012
DigiLaw.ai
ORDER Jawad Rahim, J : Petitioner is the prime accused in Cr. No. 55/2011 now converted to C.C. No. 151/2012 on the me of the JMFC-III, Hubli facing charge for the offence punishable under Sections 302 of IPC as also 498-A, 304-B r/w Sec. 34 of IPC relating to death of his wife Smt. Asma. 2. The material allegations against him manifest from the case papers reveals he married Asma in the year 2006 and during matrimony two children are born. He is alleged to have perpetrated mental and physical cruelty upon her demanding dowry, which her parents satisfied giving Rs. 1 lakh, but he was not satisfied. He raised demand for additional dowry, which was also be fulfilled. Despite collecting cash and other valuable articles, he and other members of the family made her life miserable, which fact was informed to her parents through telephone to the mother of the Complainant. Though telephonic call made on 23.11.2011, she informed she was in serious trouble and was fearing losing of life. Thereafter, on 24.11.2011, the petitioner himself called the Complainant to inform that she was no more. 3. Initial report was lodged at Udupi to which place the girl belonged to but on the question of jurisdiction it is transferred to Mahila Police Station, Hubli, who have registered it in Cr. No. 55/2011. 4. During investigation it revealed that woman died due to consumption of toxic substance though not poisonous. Therefore, the initial charge for the offence punishable under Section 304-B of IPC is now converted to Section 302 of IPC. The relative of the accused in anticipation of their arrest got anticipatory bail, but the petitioner was arrested and he is now in judicial custody. 5. The learned Counsel would submit that his wife consumed toxic substance accidentally in which he has no role to play. But, the inquest report, autopsy report and other statements of other witnesses makes out a strong case against him to put him to trial for a homicidal death of Asma. There is no mitigating circumstances, at this juncture to take a view that petitioner is innocent. On the other hand what transpired during the life of the victim bears testimony to the plight in which she was living during her marital life and which fact was revealed by her to her mother. 6. In the circumstance, grant of bail would not be justified.
On the other hand what transpired during the life of the victim bears testimony to the plight in which she was living during her marital life and which fact was revealed by her to her mother. 6. In the circumstance, grant of bail would not be justified. Petition is accordingly rejected.