Puttarangamma vs State Of Karnataka on 2 February, 2018

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THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02ND DAY OF FEBRUARY, 2018

BEFORE

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.73/2018

BETWEEN:
1. Puttarangamma,
W/o. Jayanna,
Aged about 60 years.

2. Jayanna,
S/o. Late Bappanna,
Aged about 65 years.

Both are r/o. Mallenahalli,
Hagalawadi Hobli,
Gubbi Taluk -572216.
Tumakuru District. …Petitioners

(By Sri. B. Chethan, Advocate)

AND:

State of Karnataka,
Chelur Police Station,
Tumakuru-572101 …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
Cr.No.139/2017 of Chelur Police Station, Tumakuru
District for the offence p/u/s 498A, 304B read with 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 petitioners/accused No.

2 and 3 under Section 439 of Cr.P.C. seeking their

release on bail for the alleged offences punishable under

Sections 498A, 320B read with 34 of IPC registered by

the respondent Police in Crime No. 139/2017.

2. The brother of the deceased is the complainant in

this case. Wherein he has alleged that his sister who was

married to one Lingaraju on 16.04.2012 and gave birth to

a daughter by name Gowthami and a son by name

Chitana Gowda, they are aged 5 and 3 years respectively.

The husband and family members used to harass and ill-

treat the deceased in connection with the demand for

more dowry periodical panchayaths took placed, where in

his brother in law and other family members advised to

take care of his sister properly. On 07.09.2017 he went to

the house of the deceased to see his sister and petitioners

alleged to have abused him and demanded to give
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mangalya chain, neck chain as additional dowry as was

agreed upon at the time of marriage. The said demand

was not met by his family. He returned to the village on

the same day his sister called over the phone and

informed that her husband is harassing and torturing

her. Immediately after receiving the call he went to the

house of the petitioner and requested them not to ill-treat

his sister. It is further alleged that his brother-in-law

assaulted him and driven him out of the house and at

3.00 p.m. on the same day one Pankaja of Mallanahalli

called him and informed that his sister and his sister’s

daughter are not in the house. The complainant and his

parents went to the house of the petitioner and found

that his sister and sister’s daughter were missing. On

08.09.2017, one Kantharaju intimated the complainant

stating that dead bodies of both are floating at Agasara

Katte. On the basis of the complaint lodged the case came

to be registered.

3. Heard the arguments of the learned counsel

appearing for the petitioners/accused -1 2 and also the
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learned High Court Government Pleader for the

respondent State.

4. I have perused the grounds urged in the bail

petition, FIR, complaint and the other materials

produced in the case.

5. Looking to the complaint averments and also

other materials collected during investigation the prima

facie case goes to show that the deceased was subjected

to ill treatment and harassment in connection with the

dowry amount. She has insisted to bring the neck chain

and also the dowry amount and in that connection even

they gave ill treatment of both physically and mentally to

the deceased. Therefore the sister of the complainant and

the daughter of the deceased both died for the ill

treatment which meted out to them by the petitioners, so

also the husband/accused-1. Materials collected during

the investigation prima facie goes to show that these two

petitioner are not involved in committing the alleged

offences. Looking into the material, I am of the opinion
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that it is not a fit case to exercise the discretion in favour

these petitioners. accordingly the petition is rejected.

Sd/-

JUDGE

BVK

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