Court ruled no prima facie case for abetment of suicide; allegations of harassment insufficient without direct evidence of instigation.

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard Sri Srinivas B. Naik, learned counsel for the petitioners, Sri Jairam Siddi, leaned High Court Government Pleader for respondent – State and Sri Kiran M. Goli, learned counsel for de-facto complainant.

2 This petition is filed by the petitioners / accused Nos.2 to 4 under Section 4 39 of the Code of Criminal Procedure, 1973 (“ Cr.P.C .” for short) / under Section 4 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNS S ” for short) to enlarge them on bail in connection with Crime No.17/2025 registered by the Hagaribommanahalli Police Station, for the offences punishable under Sections 80 , 85, 108 and 190 of the Bharatiya Nyaya Sanhita, 2023 (“ BNS ” for short”) and Section 3 , 4 and 6 of the Dowry Prohibition Act, 1961 (“D.P.Act” for short) pending on the file of learned Senior Civil Judge and JMFC Court, Hagaribommanahalli in C.C.No.114/2025.

3 Brief facts of the case of the prosecution are as under:

The de-facto complainant lodged a complaint making allegations that, the deceased Gouramma was given in marriage to accused No.1. Their marriage was solemnized on 14.07.2023. After the marriage, the deceased joined matrimonial home of accused No.1. The relationship of deceased and accused No.1 was in cordial for a period of three months. Thereafter, these petitioners and accused No.1 in collusion with each other started to harass the deceased in connection with demand of dowry, when the deceased pleaded her inability to get more dowry these petitioners alleged to have been harassed her physically and mentally. Thus, the deceased Gouramma informed the same to her parents. Thus, several panchayaths were convened in this regard. Accordingly, accused No.1 and these petitioners were advised to lead normal life. Hence, accused No.1 and deceased shifted to a separate rented house. Thereafter, the petitioners kept quite for few days and again started to pick up quarrel with the deceased and thereby tortured her physically and mentally. When things stood thus, on 29.01.2025 at about 6:30 p.m., petitioner No.3 called the de-facto complainant over phone and informed that the deceased Gouramma committed suicide by hanging herself. Hence, the de-facto complainant lodged the complaint. This leads to registration of FIR and investigation. During course of the investigation, accused No.1 was arrested and he remanded to the judicial custody.

4 Learned counsel for petitioners contended that the petitioners are the innocent of the alleged offences and they are not committed any offences as alleged. These petitioners are in-laws of the deceased. The deceased and accused No.1 were residing in a separate rented house. Therefore, the question of harassing the deceased by these petitioners would not arise and thus the allegations with regard to abetment of suicide or demand of dowry would not arise. It is contended that the alleged offences are not punishable with death or imprisonment for life. These petitioners are ready to abide by the conditions that may be imposed by this Court. With these grounds he prayed to grant bail by allowing this petition.

5 Per contra, learned High Court Government Pleader and the learned counsel for the de-facto complainant vehemently contended that there is prima facie case against these petitioners, the investigation was completed and the charge sheet has been filed before the Trial Court. The charge sheet material clearly discloses that there is sufficient material against the petitioners. If they are enlarged on bail, they may abscond and also cause hindrance to the case.

Hence, he prayed for rejection of the bail petition.

6 On perusal of the material available on record, it appears that the marriage of deceased and accused No.1 was solemnized on 14.07.2023. The relationship of the deceased with all the accused was cordial for a couple of years and thereafter accused No.1 and these petitioners started to harass the deceased in connection with the demand of dow