The marriage of the petitioner and deceased Ranjeeta was solemnized on 25.12.2020. At the time of marriage 5 tolas of gold and utensils were given to the petitioner and after marriage, the petitioner, his mother, and sister were teasing and harassing the deceased Ranjeeta stating that the gold ornaments given to the petitioner is not pure gold and she is not a good looking lady and she is black. It was further stated that at 9.30 a.m. when the complainant told the petitioner that they will come to Mummigatti, the petitioner told not to come as he want to take his mother to the hospital at Dharwad, as she is not feeling well. It was further stated that on 01.03.2021 at about 4.00 p.m., someone telephoned the complainant informing the death of Ranjeeta and complainant with her husband and one Siddappa came to Mummigatti and saw deceased Ranjeeta got hanged in the house of petitioner. The petitioner was arrested on 04.03.2021. After filing the petition, a charge sheet has been filed against the petitioner, his mother, and his sister for offences punishable under Section 498-A, 302 r/w 34 of IPC.
The learned counsel appearing for the petitioner contended that the petitioner is innocent, has not committed any offence as alleged and has been falsely implicated in this case. The complainant initially has stated in her complaint that the petitioner, his mother, and sister harassed the deceased demanding dowry and stating that she is not good-looking and committed her murder. But the complainant in her further statement has stated that she came to know through neighbours that the deceased committed suicide when there was nobody in the house by latching the door. He contended that the mother of the deceased has filed the complaint in the heat of anger as her daughter died in the incident. In the initial period of marriage, there will be issues regarding the compatibility and the deceased might be on a weak mind might have committed suicide on a trivial issue.
learned High Court Government Pleader contended that the offenses alleged against the petitioner are a heinous offense. The petitioner, his mother, and sister have harassed the deceased within one year of marriage and therefore she drove her to commit suicide. Therefore, the presumption contained under Section 113-A of Evidence Act is attracted, if the petitioner is granted bail, he will tamper with the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
It was held that as the charge sheet has been filed, the petitioner is not required for any custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner is the resident of the address shown in the cause title and the same is not disputed. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause a threat to the complainant and other prosecution witnesses. The said objection was set right by imposing stringent conditions.