Karibasamma vs The State Of Karnataka on 11 October, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11th DAY OF OCTOBER 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.7379/2017

BETWEEN:

1. KARIBASAMMA
W/O LATE HANUMANTHAPPA
AGED ABOUT 50 YEARS
OCC: COOLIE
RESIDING AT NO.806, BUDAL ROAD
2ND CROSS, SMK NAGARA
DAVANAGERE CITY
DAVANAGERE DISTRICT – 577 004.

2. BABY
W/O LAKSHAMANA
AGED ABOUT 22 YEARS
OCC: COOLIE

3. LAKSHAMANA
S/O MALKAPPA
AGED ABOUT 28 YEARS

PETITIONER NOS.2 AND 3 ARE RESIDING AT
NO.805, BUDAL ROAD, 2ND CROSS
SMK NAGARA
DAVANAGERE CITY
DAVANAGERE DISTRICT – 577 004. …PETITIONERS

(BY SRI RUDRAPPA P., ADV.)

AND:

THE STATE OF KARNATAKA
BY DAVANAGERE WOMEN POLICE STATION
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P.J.EXTENSION
DAVANAGERE DISTRICT – 577 002. …RESPONDENT

(BY SRI S.VISHWAMURTHY, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN THE EVENT OF THEIR ARREST IN CR.NO.129/2017 OF
WOMEN P.S., DAVANAGERE DISTRICT FOR THE OFFENCES P/U/S
498A, 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 appearing for the

petitioners/accused and the learned High Court Government

Pleader appearing for the respondent-State.

2. The petitioners apprehend arrest by the

respondent-police in their Cr.No.129/2017 registered in

respect of the offences under sections 498-A, 306 r/w

section 34 of IPC.

3. The allegation of the prosecution is, the 1st

accused Prashantha, Son of the 1st petitioner, brother of the

2nd petitioner and brother-in-law of the 3rd petitioner herein,
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was married to deceased Sushma during June 2016 after

they had an affair for some time. One month after the

marriage, the accused persons harassed the deceased for

money. She was not allowed to meet her family members

and was not provided food. The 1st accused used to

suspect her and incited her to die so that he can marry

again. The 1st petitioner did not allow the deceased to

cohabit with the 1st accused etc. Agonized by the same,

the deceased committed suicide in the matrimonial home

by hanging on the night of 10.8.2017.

4. Perused the case diary. The allegation against

these petitioners are omnibus in nature. The petitioners 2

and 3 are said to be residing separately.

5. Having regard to the nature of the allegation,

the petition is allowed. Petitioners are granted anticipatory

bail in Cr.No.129/2017 registered by the respondent-police.

In the event of their arrest by the respondent-Investigating

Officer, they shall be released on bail on each of them

executing a self bond for Rs.1 lakh with one surety for the
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likesum. They shall co-operate with the Investigating Officer

during further course of investigation.

Sd/-

JUDGE
Dvr:

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