Court dismissed bail application in dowry death case (IPC 304B) labeled pre-planned, permitting renewal before trial court.
Criminal Petition dismissed; petitioner permitted to renew application before Court below.
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THE HON'BLE SRI JUSTICE K.C.BHANU
CRIMINAL PETITION NO.3201 OF 2012
ORDER:
The petitioner filed this Criminal Petition under Sections 437 and 439 of the Code of the Criminal Procedure, 1973, seeking his release on bail in connection with crime No.1 of 2012 of P.S., Saidabad, Hyderabad, registered for the offence punishable under Section 304-B of the Indian Penal Code, 1860.
2. It is alleged by the prosecution that the accused was harassing the deceased by demanding dowry and when the deceased refused to get money from her brothers, on 01.01.2012, both the accused and the deceased quarrelled with each other and during the altercation, the accused grew wild and all of a sudden, took a wooden log and gave blow on the backside of the head, right side chest near collar bone and right shoulder, due to which she fell down and became unconscious. Again the accused took a ribbon and strangulated her neck and within short time, she lost her breath and then he blocked the nose and mouth with white towel due to which she died. He became scared of her death and to create a story that she committed suicide, he latched the door from inside and jumped out from balcony on to steps and went outside and after some time returned back to home and seeing the people, knocked the door by calling his wife with name as if he does not know anything, so that the people may hear his voice of calling. One Mahboobbi came there and saw the accused jumping into the balcony. He opened the door and started pretending that his wife is unconscious and not speaking, then the deceased was shifted to hospital, where the doctors declared her death.
3. Investigation is pending and the death appears to be a pre-
planned one. Though initially case was registered under Section 174 Cr.P.C., later Section of law was altered to Section 304-B IPC. In view of the allegations came to light during the course of investigation, the Section of law has to be converted into Section 302 IPC. Hence, there are no grounds to grant bail.
4. Accordingly, the Criminal Petition is dismissed. However, the petitioner is permitted to renew the bail application and file before the Court below.
(K.C.BHANU, J)
4th April 2012 RRB
1 issue framed by the court
The ban on bail being sustainable in case of dowry death which appears to be planned one.
2 provisions across 2 enactments
The Petitioner
K.C. Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
