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[Vismaya Dowry Death] 'A Grave Crime': Kerala High Court Declines To Grant Bail To Accused Husband

Hannah M Varghese
8 Oct 2021 9:47 AM GMT
[Vismaya Dowry Death] A Grave Crime: Kerala High Court Declines To Grant Bail To Accused Husband
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The Kerala High Court on Friday denied bail to Kiran Kumar, the husband of Vismaya V Nair who allegedly died of suicide due to dowry harassment and domestic violence in June 2021. Justice M.R. Anitha rejected the bail application in a dowry death matter that shook the public conscience of the State. "A fair trial is a public interest and it would outweigh the personal interest of...

The Kerala High Court on Friday denied bail to Kiran Kumar, the husband of Vismaya V Nair who allegedly died of suicide due to dowry harassment and domestic violence in June 2021. 

Justice M.R. Anitha rejected the bail application in a dowry death matter that shook the public conscience of the State. 

"A fair trial is a public interest and it would outweigh the personal interest of the accused while balancing the personal liberty of the accused with the public interest. Petitioner has been charged with a grave crime of dowry death, which is a social evil."

The order further states:

"Evaluating the nature of allegations against the petitioner and further that he was an AMVI though since dismissed from service, ad the gravity of accusation ie, the death of 24 year old woman within 13 months of her marriage out of the cruelty and harassment in demand of dowry which drove her to commit suicide and the severe nature of the punishment to be disposed on conviction and the reasonable chances for influencing the witnesses." 

In an incident that shook the State a few months ago, Vismaya, an Ayurveda medical student was found dead in her matrimonial home under mysterious circumstances after she had complained of dowry harassment.

The death happened within a year of marriage to the applicant herein. Her husband was thereby arrested a day after the incident came to light. Kiran Kumar, an assistant motor vehicle inspector, was also dismissed from service following her death. He has been under judicial custody since then, and his bail petition was rejected three times. 

Several circumstantial pieces of evidence crucial to proving the guilt of her husband were found in the matter. The audio messages she had sent with regard to the torture she had faced at her husband's hands acted as major digital evidence in the charge sheet.

A day before the incident, Vismaya had also sent WhatsApp messages to her relatives over the alleged harassment by Kumar over dowry, along with photos of wounds and marks on her body.

Thereafter, the Sooranadu police registered a case for dowry death and matrimonial cruelty on a complaint filed by Vismaya's parents.  

The applicant had moved a bail application on the contention that a minor family dispute was blown out of proportion. He had also argued that going by the inquest report, the only bodily injury found on the victim's body was a minor scratch on her wrist.  

The incident had gained massive publicity across the State with prominent personalities coming to the fore condemning the practice of dowry. 

Case Title: Kiran Kumar S. v. State of Kerala

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