Dr K Shivaram vs State Of Karnataka on 7 April, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.1881/2017

BETWEEN:

1. DR.K.SHIVARAM (A-2)
S/O KEMPANNA
AGED ABOUT 75 YEARS

2. SMT.S.J.LALITHA (A-3)
W/O DR.SHIVARAM
AGED ABOUT 65 YEARS

(BOTH ARE R/O NO.20
SAPTHAGIRI, 1 CROSS
‘B’ CROSS, 33RD MAIN
BANAGIRINAGAR
BANASHANKARI III STATE
BENGALURU – 560 085. …PETITIONERS

(BY SMT.M.GAYATHRI RANGASWAMY, ADV)

AND:

STATE OF KARNATAKA
BY-CHANNAMANAKERE ACHUKATTU
POLICE STATION, BANGALORE
BY-STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE – 1 …RESPONDENT

(BY SRI B.J.ESHWARAPPA, HCGP. FOR RESPONDENT;
SMT.POOJA KATTIMANI AND
SRI SUDHAMA D.S., ADVS. FOR APPLICANT/R2 IN I.A.1/2017)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN THE EVENT OF THEIR ARREST IN CRIME NO.36/2017 OF
CHANNAMMANAKERE ACHU KATTU POLICE STATION,
BENGALURU CITY, WHICH IS REGISTERED FOR THE OFFENCES
P/U/S 498A, 307, 506 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

The respondent/Police have registered a case in

their Crime No.36/2017 against the petitioners (accused

Nos.2 and 3) and two others in respect of the offences

under Sections 506, 498-A and 307 of IPC. The first

accused is none other than their son and fourth accused

is alleged by the complainant as having illicit relationship

with the first accused.

2. The allegation is, the complainant is married to

first accused for 11 years and from then onwards, she is

residing with her husband and in-laws under the same

roof. The complainant was tortured and physically

abused everyday and the petitioners herein were

threatening her that they would arrange the marriage of
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first accused with fourth accused. On 30.1.2017, over a

quarrel in respect of fourth accused, the petitioners and

first accused assaulted the victim/complainant with a

knife and attempted to do away with her life, etc.

3. The fourth accused is granted anticipatory bail

by the order of this Court in Criminal Petition

No.1787/2017 DD 3.4.2017. First accused is enlarged

on bail by the order of the Trial Court.

4. Smt.M.Gayathri Rangaswamy, learned Counsel

appearing for the petitioners submits that though the

petitioners are residing in the same building along with

the complainant, they are staying separately from her.

5. On the very showing of the complainant, it is a

matrimonial dispute between the complainant and her

husband (first accused). In the given circumstance,

there is no impediment to grant anticipatory bail to the

petitioners for a limited period.

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The petition is allowed subject to following

conditions:

(1) The petitioners are granted anticipatory
bail for a period of three weeks in Crime
No.36/2017 registered by the
respondent/Police. Within this period,
they shall appear before the jurisdictional
Court and seek for regular bail. Until the
regular bail is disposed of by the
concerned Court, the benefit of this order
shall be in force.

(2) In the event of their arrest during the
above period, they shall be enlarged on
bail on executing self bond for a sum of
Rs.50,000/- each with one surety for the
like sum.

In view of disposal of the main petition,

I.A.No.1/2017 stands disposed of.

Sd/-

JUDGE
KNM/-

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