Smt Sunandamma vs State Of Karnataka on 10 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.6535/2017

BETWEEN:

SMT.SUNANDAMMA
W/O RUDRAMUNI
AGED ABOUT 55 YEARS
OCC:HOUSE-HOLD

RESIDENT OF BANK COLONY,
NEAR EX. M.L.A.
BASANNA’S HOUSE,
CHITRADURGA CITY – 577 501. …PETITIONER

(BY SRI M.R.HIREMATHAD., ADV.,)

AND:

STATE OF KARNATAKA
BY MALEBENNUR POLICE STATION

REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS,
BANGALORE – 560 001. …RESPONDENT

(BY SRI CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.156/2017 OF
MALEBENNUR P.S., DAVANAGERE DISTRICT FOR THE
OFFENCES P/U/S 498A, 304B, 306 R/W 34 OF IPC.
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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.2 under Section 438 of Cr.P.C. seeking anticipatory

bail, to direct the respondent-police to release the

petitioner on bail in the event of his arrest for the

offences punishable under Sections 498-A, 304-B, 306

r/w section 34 of IPC and under sections 3 and 4 of

Dowry Prohibition Act, 1961, registered in respondent –

police station Crime No.156/2017.

2. The allegation as per the complaint is, the

deceased was given in marriage to Accused No.1. For

some days she was happy and alright in the house of

the accused. Thereafter, accused Nos.1 and 2 started

insisting the deceased to bring dowry amount from her

parental place. In that regard, the accused persons

were advised not to give such ill treatment and
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harassment. As per the complaint averments, it is also

the allegation that accused No.1/husband of the

deceased was also having extra marital relationship

with one lady Pavitra. When this was questioned by the

deceased, her husband A-1 told her that she can go and

die, he will not discontinue his illicit connection with

Pavitra. Then she was taken to her parental place

where she committed suicide.

3. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

4. Learned counsel for the petitioner made the

submission that so far as the petitioner is concerned,

false allegations are made. She never gave such ill

treatment and harassment to the deceased insisting her

to bring dowry amount.

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5. Learned counsel further made submission

that the deceased left the death notes wherein the

allegations are against accused Nos.1 and 3. Hence, he

submitted that in view of these materials, by imposing

reasonsable conditions, the petitioner may be granted

anticipatory bail.

6. Per contra, learned Government Pleader

made submission that investigation is still going on.

The complaint averments and the statement of the

witnesses and neighbours prima facie goes to show the

involvement of petitioner/accused No.2 also in the

alleged offences. It is also his submission, the alleged

death notes were sent for handwriting expert’s

examination. The report is still awaited. Hence he

submitted that the petitioner is not entitled for

anticipatory bail.

7. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on
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record. Looking to the materials placed on record, the

averments in the complaint as well as the statements of

neighbours, there is prima facie allegation against the

petitioner also along with A-1. She was giving ill

treatment and harassment to the deceased insisting her

to bring dowry amount. So far as the death notes are

concerned, it is submitted by the learned Government

Pleader, report is still awaited. Therefore, at this stage,

without expressing any opinion of this court on the

merits of the case, the petition is disposed of with liberty

to the petitioner/accused No.2 to move the concerned

court seeking her release on bail immediately after

receipt of the report from the handwriting expert.

With this observation, the petition is disposed of

for the present.

Sd/-

JUDGE

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