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2021 DIGILAW 4 (KAR)

Vishwanath Hiremath v. State

2021-01-04

MOHAMMAD NAWAZ

body2021
ORDER : Mohammad Nawaz, J. 1. This petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No. 227/2020 of Talaghattapura Police Station, registered for the offence punishable under Sections 498-A and 306 of IPC. 2. Heard the learned senior Counsel for petitioner and the learned HCGP for respondent/State. 3. On a complaint lodged by one Ramappa, father of the deceased, the aforesaid case was registered against the accused/petitioner. Briefly stated, the case of the prosecution is that deceased Smt. Sheetal, daughter of the first informant, married the petitioner on 14.12.2014 and it was a love marriage. After the marriage, the petitioner was subjecting his wife to physical and mental torture in connection with financial matters. Unable to bear the said torture and also in view of the abetment by the petitioner, Smt. Sheetal committed suicide in her matrimonial home on the intervening night of 09/10.12.2020 by hanging herself to the ceiling fan of the room. 4. The learned senior Counsel appearing for petitioner would vehemently contend that prior to the marriage the deceased was a junior of the petitioner in the college and even though the petitioner and the deceased belong to different cast, their marriage was performed by the relatives of both the family and it was a love-cum-arranged marriage. The petitioner in order to help the deceased to set- up her dental career, had set-up a clinic in the name of 'Swathi Dental Care/Dr; Hiremath Dental and Facio Maxillary Centre' on 01.03.2019. He submits that both the petitioner and the deceased were living cordially and on several occasions, the petitioner has transferred money from his bank account to the account of the deceased during her lifetime. He submits that there are no allegations or demand of dowry whatsoever. He further submits that the deceased has undergone medical treatment relating to her infertility and the petitioner himself has taken her to the hospital for medical check-up on several occasions. He submits that the petitioner has established many clinics along with the deceased and the present case registered against the petitioner is ill-motivated and to harass the petitioner. He further submits that investigation is almost completed and the petitioner has been already interrogated and he is not required for further investigation. Accordingly, seeks to allow the petition. 5. He submits that the petitioner has established many clinics along with the deceased and the present case registered against the petitioner is ill-motivated and to harass the petitioner. He further submits that investigation is almost completed and the petitioner has been already interrogated and he is not required for further investigation. Accordingly, seeks to allow the petition. 5. Learned HCGP would vehemently contend that the petitioner was subjecting the deceased to physical and mental cruelty, on account of which she committed suicide by hanging. He further submits that the deceased has died in her matrimonial house in suspicious circumstances and the petitioner being the only person in the house where the incident has taken place, is duty bound to explain the circumstances under which the incident has taken place, which he has failed to explain. Therefore, he submits that there is a prima facie case made out against the petitioner and accordingly, seeks to reject the petition. 6. I have perused the complaint averments and the entire material on record. 7. It is not in dispute that the marriage of the deceased viz., Smt. Sheetal was performed with the petitioner on 14.12.2014 and it was a love marriage. Both the deceased as well as the petitioner were running a dental clinic at Yelachenahalli. It is alleged that there used to be quarrel between the couple regarding money matters and in the said quarrel, the petitioner had assaulted the deceased. The complaint averments further disclose that on 09.12.2020 at about 8:30 p.m., the deceased made a phone call to the complainant and on the next day i.e., on 10.12.2020, in the morning hours the petitioner informed the complainant that his daughter has committed suicide by hanging. 8. The perusal of the complaint at this stage does not indicate that the deceased had informed over phone to the complainant regarding any harassment or cruelty meted out to her by the petitioner on the previous night. Even with regard to the earlier incident of assault, there is no material to show that either the deceased or the complainant had lodged any complaint against the petitioner. The date of the said incident is also not mentioned in the complaint. The post-mortem report disclose that the cause of death is due to the effects of 'hanging'. Even with regard to the earlier incident of assault, there is no material to show that either the deceased or the complainant had lodged any complaint against the petitioner. The date of the said incident is also not mentioned in the complaint. The post-mortem report disclose that the cause of death is due to the effects of 'hanging'. There are no external injuries noticed by the doctor while conducting the autopsy as it is evident from the post-mortem report. Whether the petitioner is responsible for the death of his wife Smt. Sheetal or whether he by his act or conduct has abetted her to commit suicide is a matter which has to be established by the prosecution in due course. The petitioner has been arrested on the very date of lodging of the complaint i.e., 10.12.2020. He has been interrogated. Hence, without expressing any opinion on the merits of the case, I deem it appropriate to release the petitioner on bail by imposing suitable conditions. Accordingly, the following: ORDER Petition is allowed. The petitioner shall be released on bail in Crime No. 227/2020 of Talaghattapura Police Station, registered for offences punishable under Sections 498-A and 306 of IPC, subject to the following conditions: 1) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- [Rupees One Lakh Only] with two sureties for the likesum to the satisfaction of the committal Court/trial Court. 2) The petitioner shall make himself available for the purpose of investigation till its completion. 3) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly. 4) The petitioner shall be regular in attending the Court proceedings.