Aruna S vs State By on 1 July, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF JULY, 2017

BEFORE

THE HON’ BLE MRS. JUSTICE RATHNAKALA

CRIMINAL PETITION NO.2113 OF 2017

BETWEEN

1. ARUNA S
S/O SHEKARA
FISHERMAN
AGED ABOUT 22 YEARS
R/O MEENA CAMP
RAVOOR VILLAGE, N.R.PURA TALUK
CHIKKAMAGALUR DISTRICT – 577 139

2. SMT. UMA
W/O SHEKARA
FISHERMAN
AGED ABOUT 45 YEARS
R/O MEENA CAMP
RAVOOR VILLAGE, N.R.PURA TALUK
CHIKKAMAGALUR DISTRICT – 577 139

…PETITIONERS
(BY SRI.K.S.GANESH, ADVOCATE)

AND:

STATE BY N.R.PURA POLICE
CHIKAMAGALURU DISTRICT – 577 139
REPRESENTED BY HCGP
BENGALURU – 01
… RESPONDENT

(BY SRI.S.VISHWAMURTHY, HCGP)
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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.92/2016 (S.C.NO.130/2016) OF N.R. PURA P.S.,
CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S
304B, 498A, 306 R/W 34 OF IPC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

ORDER

The petitioners are charge sheeted by the

respondent-police for the offence punishable under

Sections 498A, 306, 304B read with 34 of IPC on the

allegation that the 1st petitioner/son of the 2nd petitioner,

after an affair with the deceased Rati married her and the

petitioners and the deceased lived under the same roof for

one year. The deceased was humiliated by the accused

persons saying that she is not a good match to the

accused, etc. She was harassed physically and mentally.

On 24.07.2016, the accused insulted the deceased to

commit suicide by consuming poison kept in the house.

Due to which, the deceased after consuming poison went

to the house of her mother and collapsed. After enquiring
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with her about the incident, she was shifted to the

hospital and died while on treatment on 24.07.2016.

2. There are no direct eye witnesses to the

incident of these petitioners coercing the deceased to

consume poison. The statement of the mother of the

deceased is yet to be tested during the cross-examination.

The petitioners are in judicial custody since 28.07.2016.

Having regard to the facts and circumstances, there is no

impediment to allow the petition.

3. Accordingly, the petition is allowed. Petitioners

are enlarged on bail in Crime No.92/2016 of respondent-

police, subject to the following conditions:

(i) They shall execute a self bond for a
sum of Rs.1,00,000/- (Rupees One
Lakh only) each with one local
surety for the likesum to the
satisfaction of the concerned court.

(ii) They shall attend the Court
regularly on all hearing dates.

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(iii) They shall not threaten or prevail
upon the prosecution witnesses.

Sd/-

JUDGE

Prs*

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