Tabrej Khan vs The State

B.V. Pinto, J.—This petition is filed seeking bail in Crime No. 282/2013 of Bhalki Town Police Station, registered for the offences under Sections 304(B), 498-A and 302 of IPC.

It is the case of the complainant Sri Mohammad Ismail, that his daughter by name Farnaz Begum was married to the petitioner three years prior to the date of incident according to Islam religion. At the time of marriage two tolas of gold and cash of Rs. 25,000/- was given as dowry and the marriage expenses were met by the complainant. He has spend a sum of Rs. 1,00,000/- for the marriage, he has also given certain articles to the petitioner and the deceased. The deceased has a male child of 14 months. It is stated in the complaint that after the marriage the deceased was ill-treated and harassed by the petitioner, his father, mother and unmarried sisters-in-law so also son-in-law-Parvez, all of whom are residing in the same house. Complainant has asked the accused to treat his daughter properly and not to give any ill-treatment to her and a panchayat was held in this connection. In spite of the same, the accused were ill-treating and harassing his daughter. It is further stated that the deceased had come to the house of the complainant for the Ramzan feast. Even at that time she had stated that all the accused are giving trouble to her. The deceased returned to her husband''s house after staying for two days in her parent''s house. It was informed that the deceased had committed suicide on 29.8.2013 and had died. Thereafter they went to the hospital at Bhalki and there they observed the dead body of their daughter. Thereafter the case came to be filed.

During investigation though it is disclosed that the death is due to hanging. Police have filed the charge sheet for the offences under Sections 498-A, 302, 304(B), 120(B) r/w 149 of IPC and for offences u/s 3, 4 and 6 of Dowry Prohibition Act.

Sri Shivasharana Reddy, learned counsel for the petitioner submits that there is an omnibus statement in the complaint regarding the ill-treatment meted out to the deceased and that other accused in the case have been granted bail by the Sessions Court. There is no specific overt act attributed to this petitioner which could differentiate the position of this petitioner with the ones who have been granted bail. Hence, he submits that on the ground of parity the petitioner may be enlarged on bail.

Sri S.S. Aspalli, learned HCGP on the other hand submits that the petitioner is the husband who is responsible for taking care of his wife. Hence, he is liable for the death of the deceased and therefore he submits that bail petition may be rejected.

I have carefully gone through the averments in the FIR, there is no specific overt act distinct from the ones made against the other accused who have been granted bail. The complainant says that all the accused were ill-treating her. Hence, I am of the opinion that on the ground of parity petitioner is also entitled for an order of bail. Hence, the following order:-

ORDER

The petition is allowed. The petitioner is directed to be released on bail in Crime No. 282/2013 of Bhalki Town police station, on his executing a bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one surety for the likesum to the satisfaction of the Sessions Court/learned Magistrate.