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(Guest)

A FALSE CASE OF DOWRY DISMISSED WITHOUT TRIAL

 

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Dowry charges dismissed at bail stage

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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 9 Replies


(Guest)

prime facie dismissal - rare scenario may be first precedent of is kind in DPA history since 1961 clap clap

+

jagirdar u rock with your percise take on news item  

Arup (UNEMPLOYED)     07 August 2010

thanks for the story.

i am astonished to see how court acts so impertial !

shivaprabhu (Partner)     09 November 2013

The reporter is a friend of the Gagan Hiremath and shylaja Hiremath  the accused in the case.,He has violated eithics of journalism and indulged in baised and false reporting. At bail stage no court can dismiss a case.  The  husband  Gagan and his mother are  facing trail for offence under 498A ,3 & 4 DP Act and  is posted in the sessions courts in the civil court complex Bangalore .As the harshment and torture was and is real , All efforts of Gagan to mislead in the high court in a 482 petition , the Magistrate court in a 173(8) petition  and trail court in 227 petition  have  been futile  and mearly been attempts to delay trail.The true fact is  matter is pending trail . Not all cases are false cases and this case  will end in conviction.  As matter is sub - judice I dont want to comment further.

 

I

498 A fighter (Advocate)     09 November 2013

good judgement

request to post the judgement for citation which be will help others toooo...

shivaprabhu (Partner)     10 November 2013

which is good judgement?? the newspaper reported judgement of the Court granting Bail or the  judgement of the high court  in which Gagan"s ridiculous false claims are  on record ,or the judgement directing further investigation by the magistrate court.....

 

Action is initiated against all this false reporting .So please matter is subjudice. 

498 A fighter (Advocate)     10 November 2013

I told good judgement becoz if the case if false and it is filed with malfide intention by bribing the cops and any how it get register by seeing the facts of cases to be false the judge dismiss the case at initial stage or say at the time of granting the bail....

in that regard i say good judgement as the false case shoud not be entertain by honarable judciary to keep faith in indian constitution and judicail system... becaoz of some fraud people if wrong thing can happen so it would not be prolonged and should be stopped immediately in that regard i utter good judgment by seeing the first comments of this post.. also one learned and highly experienced  respected Dr. Arun kumar ji  also commented it as rarest judgment.

shivaprabhu (Partner)     23 November 2013

wish your rarest judgment.wish was true.!!! mungeri lal ke hasen sapne.! no such judgement exists keep dreaming

,

Shantanu Wavhal (Worker)     25 November 2013

clap clap

Raj (Engineer)     25 November 2013

Super Judgement!


Hat's off to the Judge who have provided this Judgement.

Now a days 498a is misused a lot by the women.

Still I am unhappy about the immediate arrest. It would be perfect if there was clear investigation before any such arrests.


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