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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:
