Muniyamma vs State of Karnataka

Budihal R.B, J.—This is the petition filed by the petitioner/accused No. 2 u/s 439 of the Cr.P.C. seeking her release on bail in Crime No. 226/2014 registered in respondent police station for the offences punishable under Sections 498(A), 304(B), 109 of IPC R/W Sections 3 and 4 of Dowry Prohibition Act and after completing the investigation charge sheet was filed for the offences punishable under Sections 498(A), 302, 304(B) R/W 34 of IPC.

Heard the arguments of the learned counsel appearing for the petitioner/accused No. 2 and also heard the learned High Court Government Pleader for the Respondent-State.

I have perused the averments made in the bail petition, FIR, complaint and other materials produced by the petitioner along with the petition.

Father of the deceased is complainant in this case and in his complaint he has mentioned that deceased was given in marriage to accused No. 1 and at the time of marriage they have given gold ornaments and also cash as dowry. It is also the further averment in the complaint that after the marriage when the deceased had been to the house of her husband to lead the marital life, for a period of four months she was treated properly and there afterwards petitioner and her son started giving ill-treatment and harassment to the deceased insisting her to bring more dowry amount from her parental place. It is also mentioned in the complaint that deceased used to tell about these things before her parents. Hence, it is further alleged in the complaint that because of the ill-treatment and harassment ultimately the deceased committed suicide. On the basis of said complaint case has been registered for the alleged offences against the petitioner and accused No. 1.

I have also perused the statements of the witnesses i.e., mother, brother, neighbours and the independent witnesses recorded by the investigating officer during investigation. Looking to their statements, these witnesses have also stated about the ill-treatment and harassment given to the deceased by the petitioner and her son in connection with the dowry amount. Therefore, looking into these materials it prima-facie goes to show that the deceased was subjected to ill-treatment and harassment.

The learned High Court Government Pleader also made the submission that the death was caused within eight months from the date of the marriage and it has taken place in the house of the petitioner/accused No. 2 when the deceased was leading her martial life along with accused No. 1. But perusing the petition, it is submitted by the present petitioner who is accused No. 2 she is Mother-in-law of the deceased and it is mentioned in the cause title in the petition that she is aged about 75 years which fact is not disputed by the other side. She has also undertaken to abide by any conditions that may be imposed by the court. Alleged offences are not exclusively punishable with death or imprisonment for life. Now the investigation is completed and charge sheet has been filed. As the petitioner is a woman and her case also comes under the provision of Section 437 of Cr.P.C. and so also in view of the old age of 75 years, I am of the opinion that the alleged offences are not exclusively punishable with death or imprisonment of life and she can be admitted to bail by imposing reasonable conditions.

Hence, petition is allowed. Petitioner/accused No. 2 is ordered to be released on bail in Crime No. 226/2014 registered in respondent police station for the offences punishable under Sections 498(A), 304(B), 109 of IPC R/W Sections 3 and 4 of Dowry Prohibition Act and after completing the investigation charge sheet was filed for the offences punishable under Sections 498(A), 302, 304(B) R/W 34 of IPC, subject to following conditions.

Petitioner to execute a personal bond for Rs. 1,00,000/- (Rupees One Lakh Only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

Petitioner shall not tamper the prosecution witnesses directly or indirectly.

Petitioner shall appear before the concerned Court regularly.