Venkatesha Gowda @ Raja vs The State

Jawad Rahim, J.—The Petitioner is the sole accused facing charge for the offence punishable under Sections 498-A, 304-B IPC and Sections 3 and 4 of the Dowry Prohibition Act. He is in judicial custody after arrest and seeks bail.

The prosecution case is based on the Complaint of Srinivasappa submitted on 12-10-2009 alleging that Padmavathi (since deceased) was married to the petitioner meeting his demand of Rs. 50,000/- in cash and gold ornaments as dowry. After marriage they lived happily for some time and child was born. However, when Padmavathi visited her parental house for confinement she stayed there for three months.

On 11-10-2009 at 3-00 PM his son Muniyappa received telephonic message that Padmavathi was serious. When he went to the village he saw dead body. Suspecting petitioner and his mother were responsible a case was registered. During investigation further statement was given by the Complainant absolving mother of the petitioner and she was given up. Petitioner is the sole accused.

The prosecution has after sending the body to autopsy found death was not due to heart attack but it was for strangulation as there were injuries on her neck and other parts of the body. Therefore, the charge was altered to Section 302 IPC. In that the petitioner was inducted for committing murder of his wife.

The learned Counsel for petitioner has brought out two circumstances, firstly, none of the witnesses speak of the accused being at the place where incident occurred or any where in the vicinity in the village. It is alleged that none of the witnesses, even after investigation, have spoken that accused was in the house or in the village as on the date of occurrence. The second circumstances pointed out is that Complainant has made no allegation of torturous act or conduct which was of such nature as to drive the deceased to commit suicide. These contentions are opposed by the State.

At this juncture it is noticed that Complainant is silent and there is no allegation of physical torture to the deceased during her life time. It is also noticed that after three months of marriage the deceased returned to her parental home where unfortunate incident has occurred. The incident has occurred in the parental house of the deceased. No doubt, because he is the husband strong suspicion is raised against him and he has been shown as the accused. He is in custody after interrogation and since there is no possibility of early trial, and also considering the materials produced by the prosecution in its entirety, without expressing any opinion, I am satisfied that the detention of the petitioner may not be justified. Hence, the order.

ORDER

The petition is allowed. The petitioner-Venkatesha Gowda is admitted to bail subject to the following conditions:

(1) he shall execute personal bond in a sum of Rs. 25,000/-(Rupees twenty five thousand only) with one surety in the like sum to the satisfaction of the learned jurisdictional Sessions Judge;

(2) he shall mark his attendance at the jurisdictional police station where he resides, once in 15 days on Saturdays between 9 a m. and 7 p.m. till filing of the final report;

(3) he shall not leave the Sessions jurisdiction without prior permission;

(4) he shall not tamper the prosecution witnesses in any manner;