High Court Grants Bail to Accused in Dowry Death Case – insufficient material evidence supporting the allegations of dowry demand and cruelty leading to the suicide of the deceased

Share:
bail mentally bail innocence corruption disputes probationary 138 N.I. Act: jurisdictional evidence absence land life

Bengaluru, 7th July 2023: In a significant ruling, the High Court of Karnataka granted bail to Mr. Manoj Kumar, the accused in a dowry death case, under Criminal Petition No. 4085 of 2023. The judgment, pronounced by the Hon’ble Mr. Justice Mohammad Nawaz, highlighted the lack of substantiating evidence in support of the allegations made against the accused.

The case involved the unfortunate suicide of Meghana, the daughter of the first informant, following her marriage to Mr. Manoj Kumar. The prosecution alleged that Meghana was subjected to physical and mental torture by her husband and his mother, demanding additional dowry. However, upon examining the facts presented, the court noted that there was no material evidence to establish a demand for dowry at the time of the marriage.

The judgment further emphasized that the allegations of cruelty were not accompanied by specific timing and lacked time proximity to the deceased’s death. Additionally, there were no previous complaints lodged against the accused. The court observed that the allegations of additional dowry and physical abuse would require a full-fledged trial to establish their veracity.

The petitioner’s counsel argued that Meghana’s depression was primarily attributed to her inability to conceive even after three years of marriage. Medical documents supporting her treatment for infertility were submitted, further suggesting that the deceased’s mental state was connected to this issue. The court acknowledged these arguments and found no material to indicate cruelty related to dowry.

The court’s decision to grant bail was also influenced by the petitioner’s established businesses and financial stability. The petitioner, who had been in judicial custody since March 21, 2023, had undertaken to furnish adequate surety and committed to regular appearance before the trial court. The court imposed conditions, including refraining from tampering with prosecution witnesses and not engaging in any further offenses.

The judgment concluded by stating that the observations made in the order were confined to the disposal of the petition and would not influence the trial of the case.

Date of Decision: 7th July 2023

MANOJ KUMAR vs  STATE OF KARNATAKA

Download Judgment

Share: