Ningamma vs State Of Karnataka on 3 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03RD DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.7336/2017
BETWEEN:

Ningamma W/o Dasappa
Aged about 60 years
R/at Bharathavalli village
Kasaba Hobli, Alur Taluk
Hassan District-573201 … Petitioner

(By Sri Girish B Baladare, Advocate)

AND:

State of Karnataka
By Alur Police Station
Hassan District
Represented by Public Prosecutor
High Court Building
Bengaluru-560001 … Respondent

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.311/2017 of Alur Police Station, Hassan
District for the offence punishable under Sections 498A,
304B, 306, 114 r/w 149 of IPC and Sections 3 and 4 of
D.P.Act.
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This criminal petition coming on for orders this
day, the Court made the following:

ORDER

This petition is filed by the petitioner/accused

No.3 under Section 439 of Cr.P.C. seeking her release

on bail for the alleged offences punishable under

Sections 498A, 304B, 306, 114 r/w 149 of IPC and

Sections 3 and 4 of D.P.Act, registered in respondent –

police station Crime No.311/2017.

2. The prosecution case, as per the complaint

averments are, complaint is filed by one Puttaswamy on

18.07.2017 alleging that his daughter Shilpa was given

in marriage to one Dyavappa (accused No.1) about two

years back. Out of the wedlock, one female child was

born. Accused No.1 and the petitioner herein were

insisting the deceased for additional dowry amount of

Rs.50,000/-. In that regard, deceased Shilpa was

subjected to physical and mental cruelty at their hands,
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they were abusing in filthy language and even they were

abusing the deceased to remove her mangalya chain

and to go out of her husband’s life. Therefore, even the

present petitioner also abetted commission of suicide of

the deceased Shilpa. Because of said ill-treatment the

deceased poured kerosene on her self and lit fire and

she died. On the basis of the said complaint, case came

to be registered for the said offences.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused No.3 and also the

learned High Court Government Pleader appearing for

the respondent-State.

4. I have perused the allegations made in the

complaint and other materials produced in the case, so

also the order of the learned Sessions Judge, Hassan,

who rejected the bail application of the present

petitioner/accused No.3.

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5. Looking to the materials placed on record, I

am of the opinion that the prosecution has placed

prima-facie material to show the involvement of present

petitioner in committing the alleged offence. But, now

investigation of the case is completed and charge sheet

is also filed. The petitioner who is accused No.3 aged

about 60 years, which fact is also not disputed by the

prosecution. She is a woman, therefore by imposing

reasonable conditions, she can be admitted to regular

bail.

6. Accordingly, petition is allowed. Petitioner

/ accused No.3 is ordered to be released on bail for the

offence punishable under Sections 498A, 304B, 306,

114 r/w 149 of IPC and Sections 3 and 4 of D.P.Act,

registered in Crime No.311/2017, subject to the

following conditions:

i. Petitioner has to execute a personal
bond for Rs.1,00,000/- and has to
furnish one solvent surety for the
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likesum to the satisfaction of the
concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner has to appear before the
concerned Court regularly.

Sd/-

JUDGE

KMV*

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