The Supreme Court on Wednesday suspended the sentence imposed by a trial court on Kiran Kumar in the high-profile dowry death case of his wife, 24-year old Vismaya.
The court, on Wednesday, also granted him interim bail while his appeal is pending.
A bench, comprising Justices M M Sundresh and K Vinod Chandran, allowed Kumar’s appeal against the high court’s decision and directed his release on bail.
The primary argument in the petition is that the charge of abetment to suicide does not stand, as there is no direct evidence linking Kiran Kumar to Vismaya’s death. His counsel argued that the prosecution failed to establish that her suicide was a result of his actions. The petition also claimed Kiran Kumar was a victim of media persecution.
The Kerala High Court had earlier dismissed Kiran Kumar’s plea to suspend his sentence, observing that the seriousness of the offence and its social impact did not warrant such relief. Following this, Kiran Kumar approached the Supreme Court, arguing through his counsel that he was a victim of a media trial and that there was no evidence showing he had demanded dowry.
Kollam Additional Sessions Court had in 2022 convicted him and sentenced him to 10 years’ imprisonment under Section 304B of the Indian Penal Code (IPC) (dowry death, applies when a woman dies under unnatural circumstances within seven years of marriage and was subjected to cruelty or harassment over dowry), Section 306 IPC (abetment of suicide), Section 498A IPC (cruelty by husband or his relatives in connection with dowry), Section 3 of the Dowry Prohibition Act (penalty for giving or taking dowry), and Section 4 of the Dowry Prohibition Act (penalty for demanding dowry).
Vismaya was found hanging in the bathroom of Kiran Kumar’s house in Sasthamkotta, Kollam district, on June 21, 2021. The couple had married on May 31, 2020.
Kiran Kumar was arrested after Vismaya’s parents filed a complaint alleging that he had repeatedly tortured and harassed her over dowry. He was later dismissed from his post as Assistant Motor Vehicle Inspector.
Before her death, Vismaya had sent photos of injuries on her body to her family, alleging harassment by Kiran Kumar over dowry demands, which became crucial evidence in the case. Her family shared screenshots and voice notes sent by her shortly before she was found dead.
Kiran Kumar’s conviction had led to his dismissal from government service. While his appeal against the conviction remains pending before the Kerala High Court, the Supreme Court’s order will allow him to be out on bail until the final decision is made.