The main legal point established in the judgment is that the gravity of the offenses alone cannot be a ground to reject bail, and careful scrutiny of complaints in cases of dowry harassment is essential.

JUDGMENT

Ashok G Nijagannavar, J. - This petition is filed by accused Nos.1 to 4, under section 439 Cr.P.C. , seeking bail in Crime No.175/2019 of Munirabad P.S. , registered for the of fences punishable under sections 498A, 304B read with section 149 of IPC.

2. The prosecution case is that on the complaint filed by the father of the victim, the pol ice have registered the case. The allegations are that in the year 2015 his daughter Laxmi had married accused No.1, but the said accused and his family members frequently harassed his daughter for getting dowry and she was sent to her parents house. On 14.9.2019 morning at 6.30 a.m. , the complainant received information about the death of his daughter. Accused Nos.1 to 8 have caused dowry harassment and have committed the murder of his daughter.

3. In pursuance of the said complaint, the case was registered for the offences punishable under sections 498A, 304B read with section 149 of IPC and accused Nos.1 to 4 are arrested on 16.9.2019. Since then they are in judicial custody. The bail petition filed by them before the Sessions Court is rejected.

4. The learned counsel for the petitioners has submitted that a memo will be filed in the of fice for not pressing the bail petition for the petitioner No.1/accused No.1, who is the husband of the deceased victim.

5. Heard the learned counsel for the petitioners and the learned HCGP for the respondent State. Perused the charge sheet records.

6. It is the submission of the learned counsel for the petitioners that the complainant has falsely implicated 8 persons by making frivolous allegations that they have caused harassment. But later, three accused persons have been given up. Thus, it is evident that the complainant has tried to rope-in all the family members of the accused with the vindictive motive. The investigation is completed. Due to the detention they have been put to hardship.

7. Per contra, the learned HCGP submitted that the death of the victim is within a period of seven years from the date of marriage. There is clear allegation about dowry harassment and torture given by the husband and other family members of the husband. In the event of granting bail, victim's family members are l ikely to be harassed and threatened. Thus, the bail petition deserves to be rejected.

8. Having regard to the submission made by the learned counsel for the petitioners and the learned HCGP, this Court has gone through the charge sheet records. As could be seen, there are two versions by the complainant, who is the father of the deceased/victim. In the first complaint dated 14.9.2019, the allegations are made against eight persons, later on, three persons have been given up. In the supplementary statement the complainant has given a di f ferent version. It is pertinent to note that in the first complaint there was a speci fic allegation that the accused persons have tortured for the sake of getting dowry and have committed the murder. But in the supplementary statement it is stated that the deceased/victim has committed suicide on account of the harassment caused by them for the sake of dowry and for other reasons. These circumstances pointed out by the counsel make out doubtful circumstances about involvement of accused Nos.2 to 4/petitioners No.2 to 4 . At this stage it is needless to make an elaborate discussion or to give any specific finding as the same is not permissible while considering the bail application.

9. In a decision in Preeti Gupta and another vs. State of Jharkhand and another, (2010) 7 SCC 667 , the Hon'ble Supreme Court has observed as under:

"32. It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over tr ivial issues wi thout proper del iberations. We come across a large number of such complaints which are not even bona fide and are filed wi th obl ique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also