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Dowry charges dismissed at bail stage

http://bangaloremirror.com/article/10/201008072010080703581171e1dde061/Dowry-charges-dismissed-at-bail-stage.html

A court has said there’s no dowry case while granting bail. Techie, mom released after 20 days in custody

 

Shyam Prasad S

 

Posted On Saturday, August 07, 2010 at 03:58:11 AM

 
A city court said the charges of demands for dowry against a techie is false and granted him bail. Gagan G Hiremath and his mother Shylaja Hiremath were granted bail 20 days after their arrest on May 7.
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The court’s observation that there is no dowry case against Gagan in the bail order itself has made the case interesting. “It is only after the trial that courts dismiss such charges. In this case, the court has found that charges are false during the hearing of the bail plea. This will go a long way in helping those accused wrongly,” said a senior advocate.

Bangalore Mirror had reported their arrest on May 25. The Fast Track Court III which granted the bail on May 26 has made some observations that could set a precedent for other cases. Gagan and his mother were in judicial custody after his wife Sarvamangala, also a techie, had complained of cruelty and demand for dowry.

NO DOWRY CASE
The court said the case does not attract provisions of the Dowry Prohibition Act as the wife had taken away her possessions when she left the house. The e-mails between the couple became the evidence for the court to establish the misunderstanding between them was not for dowry. “The complainant alone cannot be blamed for disharmony in marital relationship. The first petitioner is equally responsible for all this mess-up. Instead of enjoying matrimonial bliss, (they) are at loggerheads by smearing sludge on one another,” said the court.

STARS TO BLAME
The court has said the dispute between the couple began due to blind beliefs and superstitions. There is allegation that wrong date of birth of the girl was given.

The court said Gagan’s mother was doing the same household work the daughter-in-law was expected to do. It “clearly shows the reluctance on the part of the complainant to do household work,” the court said.

Sarvamangala had filed charges under IPC 498-A (subjection to cruelty) IPC 307 (Attempt to Murder), and Sections 3 (giving or taking dowry) and 4 (demanding dowry) of Dowry Prohibition Act.

“In nearly 97 per cent of dowry-related cases, the accused are acquitted. But it has become a weapon of vengeance by some urban educated women. The Dowry Prohibition Act is the only criminal law in the world where the accused has to prove he is innocent. Such cases are filed when the courts are in vacation and on weekends so that damage is done to the boy and his family by placing them in jail, for a few days at least. The boy’s family is never compensated for this misuse and suffering,” said Kumar Jahgirdar of Children’s Rights Initiative for Shared Parenting (CRISP) foundation and men’s rights activist.

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Categories: Other news
  1. Ram
    September 6, 2010 at 11:14 am

    My wife is going to false case against me what should i do plz save me

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