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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7th DAY OF JUNE 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.3729/2017
BETWEEN:
1. LAKASHMAMMA
W/O SWAMY
AGED ABOUT 43 YEARS
2. ANANTU
S/O SWAMY
AGED ABOUT 26 YEARS
BOTH RESIDING AT
GADDEHOSAHALLI VILLAGE
K.R.NAGAR TALUK
MYSURU DISTRICT – 577 243. …PETITIONERS
(BY SRI B.LETHIF, ADV.)
AND:
STATE OF KARNATAKA
BY K.R.NAGAR POLICE STATION
MYSURU
MYSURU DISTRICT
REP. BY SPP
HIGH COURT BUILDING
BANGALORE – 560 001. …RESPONDENT
(BY SRI CHETAN DESAI, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN CR.NO.502/2016 OF K.R.NAGARA POLICE STATION, MYSURU
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DISTRICT, FOR THE OFFENCES P/U/S 498A, 304B R/W 34 OF IPC
AND SEC.3, 4 OF D.P.ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
petitioners/accused and the learned High Court Government
Pleader appearing for the respondent-State.
2. The petitioners (A-1 and A-2/mother and son)
are charge sheeted by the respondent-police in their
Cr.No.502/2016 in respect of the offences punishable under
sections 498-A, 304-B r/w section 34 of IPC and section 4
of the Dowry Prohibition Act, 1961 on the death of
Smt.Kavya, the daughter-in-law of the 1st petitioner (A-1)
due to burn injuries.
3. The allegation of the prosecution is, the
deceased was married to CW-3 son of the 1st accused
during 2013. The couple have a female issue. Subsequent
to the birth of the child, the deceased was insulted by the
accused persons for the death of her mother and for not
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getting dowry from her paternal home. She was teased to
leave the house. Unable to bear with the torture, the
deceased set herself ablaze after dousing kerosene.
4. The dying declaration of the deceased is
recorded by the jurisdictional Additional Executive
Magistrate in the presence of the Doctor. The deceased has
alleged that she was verbally abused by the accused in the
absence of her husband and they used to complain against
her with her husband. She set herself ablaze with kerosene
unable to bear with their harassment. She set off the flame
on her own by dropping herself in a water tank.
5. The investigation since complete, the
petitioners being family members having permanent abode
and address, having regard to the nature of the allegation,
there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioners are
enlarged on bail in Crime No.502/2016 of respondent-
police, subject to the following conditions:
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(i) They shall execute a self bond for a sum
of Rs.1,00,000/- each with one surety for
the likesum to the satisfaction of the
concerned Court.
(ii) They shall attend the Court on all hearing
dates regularly and punctually.
(iii) They shall not threaten the prosecution
witnesses.
Sd/-
JUDGE
Dvr: