SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Kunnijamina vs State By Virajpet Rural Police on 6 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2417/2018

Between:

1. Smt.Kunnijamina
W/o Late K.H.Ali
Aged about 78 years
R/o Chamiyala
Mythadi Village, Devanageri Post
Virajpet Taluk, Kodagu District
Pin Code No: 572 001

2. Smt.Fathima
W/o K.Ahamad
Aged about 43 years
R/o Chamiyala
Mythadi Village, Devanageri Post
Virajpet Taluk, Kodagu District
Pin Code No: 572 001

…Petitioners
(By Sri: C.N. Raju, Advocate)

AND:

State by Virajpet Rural Police
Rep. by SPP
High Court of Karnataka
Bangalore-560 001
…Respondent
2

(By Sri: S.Vishwa Murthy, HCGP)

This Criminal Petition is filed under Section 438 Cr.P.C.
praying to enlarge the petitioner on bail in the event of their
arrest in Cr.No.71/2018 of Virajpet Rural P.S, Kodagu District
for the offence punishable under
Sections 498A, 306 r/w 34
of
IPC.

This Criminal petition coming on for Orders this day,
the court made the following:

ORDER

Petitioners have sought for an order of anticipatory

bail in Cr.No.71/2018 registered by the respondent-

police under Sections 498A, 306 r/w 34 of IPC.

2. Petitioner/accused No.1 is the mother-in-law

of the deceased. Petitioner/accused No.2 is the wife of

elder brother of husband of the deceased. FIR was lodged

on the basis of the complaint lodged by the father of the

deceased Sri.P.Ibrahim alleging that the deceased was

given in marriage with one Nasir. She has given birth to a

child, who is aged about two years.

3

3. According to the complainant, the deceased

was ill treated and harassed by the petitioners. On

10.03.2018, he was informed over phone that his

daughter viz., deceased was not keeping well, when he

rushed to the hospital, he saw the deceased fallen in the

shed with severe burn injuries.

4. Initially, a UDR case was registered based on

the above complaint. In the said complaint, it was stated

that while the deceased was lighting fire in the kitchen,

she caught fire and sustained burn injuries. However,

subsequently, the father of the deceased lodged a further

report alleging that being unable to bear the cruelty

meted out by the petitioners herein, the deceased herself

poured kerosene oil on her head and committed suicide.

5. There are two versions regarding the genesis

of the incident. The only material available against the

petitioners at this juncture is that the petitioners

subjected her to cruelty and ill treatment in the
4

matrimonial house and abutted the commission of the

deceased to offence. Both the petitioners being women

and substantial investigation having already been

completed, I do not find it necessary to extend the

custody of the petitioners by way of punishment. The

presence of the petitioners for the purpose of trial could

be secured by imposing necessary conditions. Hence, the

following:

ORDER

Criminal petition is allowed. The petitioners are

directed to appear before the Investigating Officer within

15 days from the date of this order and on their

appearance, the Investigating Officer shall interrogate the

petitioners and shall enlarge them on bail on the same

day subject to the following conditions:-

a. The petitioners/accused No.1 and 2

shall furnish a bond for Rs.1,00,000/-
(Rupees One lakh only) each with one
5

surety each for the likesum to the
satisfaction of the Investigating Officer;

b. The petitioners shall appear before the
Investigating Officer as and when
required;

c. The petitioners shall cooperate in the
investigation;

d. The petitioners shall not threaten or
allure the prosecution witnesses; and

e. The petitioners shall mark their
attendance in Virajpet Rural Police
Station, Virajpet, on the last Sunday of
the calendar month until submission of
the final report.

Sd/-

JUDGE

RR

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh