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Judgment
N. Ananda, J.—The petitioner is in judicial custody in Crime No. 352/2012 pending trial for offences punishable under Sections 498A, 304B r/w 34 IPC. Heard learned counsel for petitioner and learned Government Advocate for the State.
The investigation records would reveal that petitioner is the husband of deceased Khatija. In the year 2007, the deceased Khatija after taking a sum of Rs. 40,000/- from her residence eloped with the petitioner and ultimately they were traced. The elders performed their marriage. When the petitioner and his parents demanded for dowry, the parents of deceased told that the deceased had taken away a sum of Rs. 40,000/- when she left the house. Therefore, they were not in a position to pay dowry. After the marriage, the deceased was living in the house of petitioner who is an autorickshaw driver by occupation. They have two children by the marriage.
As per the first information, soon before the incident, there was a quarrel between petitioner and the deceased as deceased had sent the marriage cassette to her parental house, therefore, the deceased became disgusted and committed suicide.
The investigation records do not reveal that soon before the deceased committed suicide, she had been subjected to cruelty by the petitioner. The petitioner has two children to care for. Therefore, I pass the following:
ORDER
The petition is accepted. The petitioner is released on bail, subject to following conditions:--
I. The petitioner shall execute a bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) and offer two sureties for the like sum to the satisfaction of learned Sessions Judge;
II. The petitioner shall not intimidate or tamper with prosecution witnesses;
III The petitioner shall regularly attend the court.