Point of law: Dowry death – Dismissal of discharge petition - it cannot be arrive at a conclusion that at this stage, there are no primafacie materials against the accused to prove their guilt. But it is the domain vested with the prosecution by facilitating the worthwhile evidence to prove guilt of the accused

ORDER :

1. In this petition, the petitioner is seeking to setaside the order dated 21.11.2019 in S.C.No.70/2018 passed by the I Addl.District Judge at Davanagere and discharge the petitioner for the offence punishable under Sections 498A, 304B, 306 r/w Section 34 of IPC beside Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard Sri S.G.Rajendra Reddy, learned counsel for the petitioner and learned HCGP for Respondent – State who are present before the Court. Perused the records.

3. It is transpired in the complaint filed by one Ramanagowda before the Malebennur Police Station, Davanagere District alleging that he had one son and two daughters. That his elder daughter namely Yashoda was given in marriage to Accused No.1 – Sachin of Chitradurga. During her marriage, her parents had given dowry in terms of 8 tolas of gold and household utensils. Subsequent to the marriage with Sachin, they lead happy marital life. Petitioner/Accused No.2 – Sunandamma is none other than the mother of Accused No.1 – Sachin. That about two months ago they used to cause some harassment to the deceased Yashoda by insisting her to get a sum of Rs.1,00,000/from her parents’ house for doing some business. The same was informed to the complainant – Ramanagouda who is her father and also to her mother. Subsequent to getting information about such demand made by accused No.1 – Sachin and so also, his parents, the parents of deceased –Yashoda had been to the house of her husband – Sachin and in order to advise to her daughter. It is alleged that accused No.1 – Sachin had some illicit relationship with accused No.3 – Pavitra which was causing some physical as well as mental harassment to her. This kind of illicit relationship developed and continued by accused No.1 due to which, deceased – Yashoda had suffered with mental harassment in the hands of her husband and so also his family member i.e., Accused No.2. However, Accused No.2 – Sunandamma also demanded Rs.1,00,000/from her parents for the purpose of doing some sort of business and causing some mental harassment to her. Due to that harassment meted out by the deceased in the hands of her husband and so also, the demand made by her motherinlaw who is arraigned as Accused No.2, deceased – Yashoda committed suicide by hanging within a span of seven years from the date of marriage. In pursuance of the said act of the accused on filing of a complaint by the complainant, the case in Crime No.156/2017 came to be registered. Subsequently, the IO took up the case for investigation and thoroughly investigated the case by recording the statement of witnesses and conducted mahazar in the presence of panch witnesses and thereafter laid the charge sheet against the accused persons in C.C.No.237/2018 for the offence punishable under Section 304B, 498A, 306 r/w 34 of IPC beside Sections 3 and 4 of the Dowry Prohibition Act, 1961.

4. Whereas, Sri S.G.Rajendra Reddy, learned counsel for the petitioner has taken me through the death note left by deceased Yashoda which is running into two sheets to contend that nowhere in the death note, deceased – Yashoda has spelt out any sort of allegation against this accused No.2 – Sunandamma being her motherinlaw that she has given physical as well as mental harassment and even causing for her death by hanging within a span of seven years from the date of her marriage. However, there are no primafacie materials against this accused in commission of the offence. There is no sufficient material secured by the IO during the course of the investigation, despite of it the charge sheet has been laid against this petitioner mere because deceased – Yashoda has committed suicide by hanging within a span of seven years from the date of her marriage. The allegation made in the complaint against this petitioner is only a theory setup by the prosecution to implicate her in the alleged crime that she was also causing for the death of deceased – Yashodha.

5. The second limb of the argument addre