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2018 DIGILAW 1204 (KAR)

Sayed Khasim S/o Syed Nisar Ahmed v. State of Karnataka through Grameen Rural Police Station

2018-12-14

JOHN MICHAEL CUNHA

body2018
ORDER : 1. This petition is moved on behalf of accused No. 4 in Crime No. 301/2018 registered in Kalaburagi Rural Police Station for the offences punishable under Sections 143, 147, 498-A, 302, 304-B R/w 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 2. The case is registered based on the complaint lodged by the father of the deceased alleging that the deceased was given in marriage to accused No. 1 about 3 years earlier to the incident. She was ill-treated and harassed by accused No. 1, her mother-in-law and brother-in-law. It is further alleged that about 6 months earlier to incident, accused No. 1 demanded the complainant to transfer his shop and a plot to accused No. 1 to run his business. Since the complainant refused to heed the demand, accused No. 1 and other accused persons further ill-treated and harassed the deceased in the matrimonial home which has resulted in the deceased ending her life by hanging herself to the roof in the matrimonial home. 3. Post mortem report indicates the following findings:- “A cut portion of saree is present in situ having a fixed knot on right side of neck. On removal of ligature material there is a ligature mark seen on upper part of neck above the level of thyroid cartilage measuring 24.5 cms in length. Width varies from 3 cms (on anterior and left aspect of neck) 2.3 cms on right side of neck. It is obliquely placed running upwards and backwards at occipital region. Disappearing in hair. It is prominent on anterior, right and left aspects of neck. It is placed 02 cms below and behind right ear, 7.5 cms below and behind left ear and 7.5 cms below chin. On dissection the tissue below ligature mark is white and glistening in appearance. Echyomosis seen at its edges. The above ligature mark is ante mortem in nature.” 4. According to the medical officer, who conducted the post mortem examination, the “death is due to asphyxia as a result of constriction of neck by a ligature.” The above findings and the opinion are suggestive of suicidal death. The immediate provocation for the deceased to commit suicide is said to be the refusal of the complainant to register the plot and shop in the name of the husband of the deceased. The immediate provocation for the deceased to commit suicide is said to be the refusal of the complainant to register the plot and shop in the name of the husband of the deceased. The said demand does not fall within the meaning of “dowry” as defined in the Dowry Prohibition Act. Even otherwise the said demand having been made by accused No. 1 to the complainant, it cannot be said that on account of the said demand, the petitioner herein ill-treated and harassed the deceased. 5. General and omnibus allegations are made against the present petitioner who is the brother of accused No. 1. There is absolutely no nexus with the demand for plot and the shop and the alleged cruelty meted out by accused No. 1 to the deceased driving her to commit suicide. The substantial investigation is completed. 6. Considering the similar allegations, accused Nos.2 and 5 are already enlarged on bail by orders of this Court dated 27.11.2018, in Criminal Petition No. 201229/2018. Hence, the petitioner herein also deserves to be admitted to bail. 7. Hence, the following order:- The petition is allowed. (a) Petitioner is ordered to be enlarged on bail on obtaining a bond in a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court. (b) Petitioner shall appear before the court as and when required. (c) Petitioner shall not threaten or allure the prosecution witnesses in whatsoever manner.