KOLLAM: The Supreme Court on Wednesday granted interim bail to Kiran Kumar, who was convicted in the high-profile dowry death case of 24-year-old Vismaya V Nair. The apex court also temporarily suspended his sentence, offering relief while his appeal remains pending before the Kerala High Court.
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 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 Kumar was a victim of media persecution.
Kollam Additional Sessions Court had convicted him in 2022 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 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.
In December 2022, the Kerala High Court dismissed Kumar’s plea seeking suspension of his sentence, observing that the case did not merit leniency given the seriousness of the offence. He subsequently filed an appeal against the trial court’s verdict.
Kumar then moved the Supreme Court, seeking suspension of sentence. In his special leave petition, filed by Advocate Deepak Prakash, it was argued that the conviction was unfair and biased and that Kumar was subjected to a media trial.
Prior to her death, she had reportedly shared messages and photos with a classmate and sister-in-law, describing instances of physical and emotional abuse.
Witness testimonies highlighted repeated instances of domestic abuse, including a public altercation over a car dispute at Chittumala in August 2020 and another incident at Vismaya’s home in January 2021. The court also admitted audio recordings of phone conversations related to dowry demands as evidence.
Kiran Kumar, who initially went into hiding after her death, later surrendered at the Sasthamcotta police station.
