Shrinivasachar and Others vs State of Karnataka

G. Narendra, J.—Heard Sri. Vidyashankar G. Dalwai, learned counsel for the petitioners and Sri. S.V. Giri Kumar, learned AGA for the respondent.

This petition is filed under Section 438 of Cr.P.C. praying for grant of anticipatory bail in respect of Crime No. 11/2015 registered by the Gokul Road Police Station for the offence punishable under Section 306 of IPC.

The facts of the case is that the deceased and the petitioner No. 1 were married each other on 28/2/2013 and four months prior to the incident, the deceased had delivered a baby boy and she was living in her matrimonial home. On 17/1/2015 at about 10.15am, it is alleged the deceased doused and herself with a kerosene and lit fire to herself. The fire was doused and she was immediately taken to the hospital by the petitioners herein. Despite efforts of the doctors, she succumbed to the burn injuries. The mother of the deceased i.e. the mother-in-law of the petitioners herein who arrived in India from U.S.A. on 20/1/2015 has lodged a complaint stating that her daughter had intimated to her several times that the accused had been forcing her to bring dowry of Rs. 10 lakhs and towards that he was physically and mentally harassing the deceased and in this background, she doubts that the first petitioner and his mother are directly responsible for the death of her daughter by suicide. The petitioners'' counsel pointed out that on the preceding date that is on 19/1/2015, his brother-in-law, that is, the brother of the deceased who was immediately informed of the attempt by the sister visited her in the hospital along with his matrimonial uncle one Shivayogappa and as per the UDR report, he has stated before the PSI that his sister by sign language had indicated to him that she had poured kerosene on herself and neither the first petitioner nor his mother are responsible for her death. The respondent police after having recorded the statement of the deceased have been constrained to register the FIR, in view of the allegations made by the mother.

The learned AGA would also place the copy of the UDR Report before this Court.

On perusal, it is found that the brother of the deceased has fairly stated that there is nothing suspicious nor they suspect involvement of anybody, and that, his sister has demonstrated to him, by action, that she had poured kerosene and set herself on fire.

In the above background, the question that arise for consideration before this Court is as to whether the petitioners are entitled for the discretionary relief?

It is seen that the petitioner No. 1 and the deceased had fall in love with each other and had got married with the blessing of the elders and out of the wedlock, son was born to them. Though the mother had lodged a complaint on 20/1/2015 making allegation that there were constant demand for dowry, the said complaint is not preceded by any other complaint on the ground of harassment for dowry. More important is the statement of the brother which is recorded a day prior to complainant''s arrival from U.S.A., which assumes significance as it is recorded first in point of time. He does not mention any demand for dowry and further he also confirms that in his interaction with his sister, he was intimated that she herself has poured kerosene and lit herself on fire and accordingly, he has no any suspicion nor he doubts involvement of anybody. The statement of the son and the complaint by the mother are in complete contrast. The statement by the brother being prior in point of time, this Court places credence on the said statement for the purpose of exercising the discretion vested under the provision of 438 of Cr.P.C.

Accordingly, the petition is allowed.

The petitioners are directed to be released on bail in the event of arrest by the respondent police in Crime No. 11/15 subject to the following conditions:--

"i) The petitioners shall execute a self bond for a sum of Rs. 1,0,0,000/- each with two sureties for the likesum before the jurisdictional Magistrate.

ii) The first petitioner shall appear before the respondent police on every Monday and Wednesday at 5.00pm, for a period of eight weeks or till the filing of the charge sheet whichever is earlier.

iii) The second petitioners shall appear before the respondent police as and when summoned by way of notice.

iv) The petitioners shall not leave the jurisdiction of the Court without prior permission of the jurisdictional Court."

The trial Court shall not be bound by the observations made in this order and it is made for the limited purpose of considering this petition under Section 438 alone and Court below shall independently asses the material and act in accordance with law.