1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.1270/2018
BETWEEN:
1. Smt. Narayanamma,
W/o late Ramaiah,
Aged about 76 years,
2. Smt. Radhamma,
W/o Lakshmanna,
Aged about 37 years,
3. Smt. Lakshmamma,
W/o late Krishnappa,
Aged about 39 years,
All are R/at Kuthaganahalli,
Sarjapura Hobli,
Anekal Taluk,
Bangalore District,
Pin-562106. … Petitioners
(By Sri. Siddamallappa P.M., Advocate)
AND:
State of Karnataka,
Sarjapura Police,
Anekal Taluk,
2
Represented by SPP,
High Court Building,
Bengaluru -560 001 … Respondent
(By Sri S. Vishwa Murthy, HCGP)
This Criminal Petition is filed under section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the
event of their arrest in Crime No.5/2018 of Sarjapura
Police Station, Bengaluru District for the offence
punishable under Sections 498A, 306 read with Section 34
of IPC.
This criminal petition coming on for orders this day,
the Court made the following:
ORDER
Heard the learned counsel for the petitioners and the
learned HCGP for respondent-State.
2. This is a petition under Section 438 of Cr.P.C.
The respondent police has registered a complaint against
these petitioners and the husband of the deceased in
Cr.No.5/2018 for the offences punishable under Sections
306, 498-A read with Section 34 of IPC. The complaint
was made by the brother of the deceased. From the
complaint, it can be made out that the marriage between
the deceased and her husband was solemnized 13 years
3
ago. These petitioners and the husband of the deceased
used to harass the deceased physically and mentally. On
07.01.2018, the deceased made a telephone call to her
parents house and told about the harassment on her on
that day. On 08.01.2018, at about 11.15 am, the
complainant received another telephone call and came to
know that his sister had committed suicide by hanging
herself.
3. No doubt there are allegations against these
petitioners that they were harassing the deceased. But the
marriage had taken place about 13 years ago. The
allegations made against them is a matter of investigation.
The petitioners are women. Therefore, I am of the opinion
that pending investigation, they can be released on
anticipatory bail. Consequently, the following:
ORDER
Petition is allowed.
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In the event of arrest of these petitioners by the
respondent police in connection with the
Cr.No.5/2018, they shall be released on bail on each
of them executing bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) and providing a surety
for the like sum. These petitioners are subjected to
the following conditions:
i. They shall not leave the jurisdiction of the
trial Court till investigation is over;
ii. They shall co-operate with the investigating
officer for the purpose of investigation;
iii. Till the investigation is over, they shall mark
their attendance before the jurisdiction
police once in a fortnight i.e., on Sunday in
between 9.00 am and 12.00 noon.
Sd/-
JUDGE
JS/-
