The husband may have contacted the wife on the phone to prevent her from taking drastic measures: The Delhi High Court has granted bail in the dowry killing case. The complainant (deceased's father) claimed that his daughter committed herself after speaking on the phone with her spouse. Last week, the Delhi High Court granted bail to a man accused of killing his wife for dowry, stating that the accused's last phone contact to her may have been to convince her not to take any unfavourable action. (State of NCT Delhi v. Amit Sharma) Justice Mukta Gupta, a single judge, granted Amit Sharma's (petitioner) bail plea on the condition that he post a personal bond of Rs. 50,000.
"The prosecution alleges that the petitioner's last call to the dead prompted her to commit suicide, but there is no evidence to support this assertion. It may be to encourage the complainant not to take any drastic measures, because the petitioner called the complainant shortly afterward to notify him that she had locked herself out from the inside "In its order, the Court made a point. The petitioner, who was charged with dowry killing (Section 304B of the Indian Penal Code) and cruelty to a wife (Section 498A of the IPC), argued that charges against the petitioner's mother and sister, but not against the petitioner, were made in the complaint filed by the deceased's father.It was also pointed out that the petitioner's mother and sister had been granted anticipatory bail. It was argued that no overt act or role was attributed to the petitioner in the allegation of suicide abetment, and that simply because the petitioner and the deceased spoke on the phone shortly before the death cannot be said to raise a suspicion that the petitioner instigated the deceased to commit suicide.
The complainant(deceased's father) claimed that his daughter committed herself after speaking on the phone with her spouse. The Court decided to give bail to the petitioner after reviewing different phone records between the petitioner and the dead, as well as other family members of the deceased and petitioner. The Court further stated that the petitioner cannot leave the country without first obtaining permission from the Court, and that if he wishes to alter his address or phone number, he must do so after notifying the Court through affidavit.
Tags : #Delhi High Court #Domestice Violence Act #Dowry Death #Section 304B