Lakshmamma vs State Of Karnataka on 7 June, 2017

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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

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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:

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