Even in this age married women as well as their family members are being abused for want of dowry, says Delhi HC while refusing to grant bail to man in dowry death case
Justice Swarana Kanta Sharma [07-06-2024]

Read Order: TILAK v. STATE (NCT OF DELHI) [DEL HC- BAIL APPLN. 707/2024]

LE Correspondent

New Delhi, June 10, 2024: The Delhi High Court has rejected the bail plea of an applicant-accused in a case where a woman lost her life due to torture meted out to her due to non-fulfilment of demand of dowry by the applicant and his family members. The High Court observed that showing leniency in such cases may send an inappropriate signal to the society at large.

The facts of the case were that upon receipt of a PCR call the investigating team reached the spot and the Investigating Officer was informed by the concerned hospital that the victim had been declared brought dead with the alleged history of hanging at home. During investigation, the father of the deceased had submitted a complaint alleging that his daughter had been harassed for dowry by her husband and his family members. The mother and brother of the deceased had also given statements regarding harassment by the petitioner as well as the fact that since the husband of the deceased was having an extramarital affair with another woman and had also married her at the Arya Samaj Mandir, his daughter was under a lot of mental trauma. 

It was also alleged in the complaint that the deceased was physically tortured by the husband of the deceased and his family. Due to such mental and physical harassment, the deceased committed suicide. The charge-sheet in the present case was filed under Section 304B/498A/34 of the IPC.

The bail application under Section 439 of the Code of Criminal Procedure, 1973 was filed on behalf of the petitioner seeking regular bail. 

The allegations of the deceased being tortured, being beaten and abused as the applicant had got married to one ‘M’ and wanted to stay with her had created apprehension in the deceased and her family members that she will be killed due to this reason. During investigation, a marriage certificate of Arya Samaj Mandir was recovered by the investigating officer which shows that the applicant herein was married to ‘M’.

The transcript of call recording of conversation of the deceased with the applicant/accused was also analysed during investigation which showed that the applicant herein was threatening and abusing the deceased in filthy language, and had admitted his marriage to another woman and had also threatened her that even if she lodged a complaint, it will be of no consequence. The child born from this marriage is in the custody of the parents of the deceased.

“The allegations in the present case are serious in nature and point out that even in this age the married women as well as their family members are being humiliated, abused and beaten by their husbands and in-laws for want of non-fulfilment of their desire for being provided with money or dowry. The present case is full of such instances which prima facie point out as to how the deceased even in the present modern times since the day of her marriage was being pressured to bring more money to run the business of the applicant, that he had an extra marital affair but he has gone ahead and gotten married to that woman despite being married to the deceased as per the investigation and recovery of marriage certificate of his second marriage to Ms. ‘M’”, the Single-Judge Bench of Justice Swarana Kanta Sharma said.

The applicant, in this case, had been repeatedly beating the deceased in front of her family, taking her to her parental home at midnight, creating ruckus in her brother’s marriage and humiliating them socially. This brought unexplainable trauma and torture to the deceased who would have carried this burden of guilt that because of her, her family was being ill-treated, abused and shamed. 

“The present case also discloses as to how despite being continuously beaten up by her husband and in-laws, after mediations and settlement efforts, the deceased was sent back to her matrimonial home hoping for things to improve as generally happens in our country”, the Bench held. 

Noting the gravity of the allegations and the fact that showing leniency in such cases may send in-appropriate signal to society at large, the Bench was not inclined to grant bail.