Smt. Padmavathi. S vs The State Of Karnataka on 5 September, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.5611/2017

Between:
Smt. Padmavathi.S.
D/o Sri. P.Shivaram,
W/o Rama Rao,
Occ: Business,
Aged about 43 years,
Residing at No.59, 1st Cross,
Kodigehalli Main Road,
Sri. Sathya Sai Baba Layout,
K.R.Puram,
Bengaluru – 560 036.

Presently at No.648,
1st Floor, Venkateshwara Arcade,
8th Main, 8th Cross,
Prakash Nagar,
Bengaluru – 560 021.
…Petitioner
(By Sri. K.A.Chandrashekara, Advocate)

And:
The State of Karnataka
By the Krishnarajapuram Police
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Station, Bangalore City,
Rep. by its State Public
Prosecutor,
High Court of Karnataka,
Bengaluru – 560 001.
…Respondent
(By Sri. S. Vishwamurthy, HCGP)

This criminal petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the
event of her arrest in Crime No.233/2017 of K.R.Puram
P.S., Bangalore for the offence p/u/s 306 r/w 34 of IPC.

This Criminal Petition coming on for Orders
this day, the Court made the following:

ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-State.

2. The petitioner apprehends her arrest by the

respondent-police in Crime No.233/2017 in respect of

offences punishable under Section 306 r/w 34 of IPC.

The case is registered against one Srinivas and his

family. During the pendency of the petition,

chargesheet is said to have been submitted to the Court
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in respect of offence under Section 306 and 498A r/w

34 of IPC.

3. The case of the prosecution is, the deceased

was married to the accused No.1-Srinivas 14 years back

and was subsequently separated from him. Divorce

petition is pending between the couple. On 16.05.2017,

she insisted the accused persons to send her son with

her for which they refused. She was man-handled on

the road and incited to die. Frustration by the same,

she committed suicide by hanging herself leaving

behind a death note. The co-accused Nos.2 and 4 are

enlarged on bail by the order of this Court in Criminal

Petition No.5123/2017 and accused No.1 is granted

regular bail.

4. Sri Chandrashekara K.A, learned counsel for

the petitioner submits that if anticipatory bail is granted
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for a limited period, she will surrender before the Court

and participate in the proceedings.

5. In the light of the above, petition is allowed.

Petitioner is granted anticipatory bail for a limited

period of three weeks. Within this period, she shall

surrender before the concerned Court and move for

regular bail. Until her bail petition is disposed of

in accordance with law by the concerned Court, the

benefit of this order shall be in force. In the event of her

arrest by the Investigating Officer within above period,

she shall be released on bail subject to the condition on

executing a self bond for a sum of Rs.50,000/-(Rupees

fifty thousand only) with one surety for the likesum.

Sd/-

JUDGE
VBS

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