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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL.R.B.
CRL. P. NO.315/2018
BETWEEN
SMT. KANTHAMMA
W/O RAMANJINAPPA,
AGED ABOUT 42 YEARS,
R/O BANADAPALYA VILLAGE,
HEBBUR HOBLI,
TUMAKURU TALUK
TUMAKURU DISTRICT-572120. … PETITIONER
(BY SRI. RAHUL RAI K, ADV.)
AND
THE STATE OF KARNATAKA
THROUGH WOMEN
POLICE STATION, TUMAKURU
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001. … RESPONDENT
(BY SRI. CHETAN DESAI, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.99/2016 OF
WOMEN P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S
498A,302,114,341 R/W 149 OF IPC.
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THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE
COURT MADE THE FOLLOWING:
ORDER
This is the petition filed by the petitioner-Accused No.4
under Section 439 of the Criminal Procedure Code seeking to
release the petitioner on bail for the alleged offences
punishable under Sections 498(A) and 307 read with Section
34 of the Indian Penal Code registered in respondent police
station in Crime No.99/2016. Subsequently, after the death
of the injured the offence under Section 302 of Indian Penal
Code also came to be inserted as per the requisition made by
the police.
2. One B. Somashekar is the complainant. The
deceased Shanthamma is his younger sister. About 14 years
ago his sister given in marriage to accused No.1. Since then
she was residing in the matrimonial house. There was a
dispute started between the husband and wife and the family
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members convened several panchayats also. On 26.12.2016
between 8:30 am to 9:00 pm son of his sister Rudresh
informed him over the phone stating that accused No.1 and
his family members with an intention of killing his sister had
assaulted her, poured kerosene and lit fire on her. On
receiving the said information immediately the complainant
approached the Govt. Hospital, Tumkur. There was about
90% burn injury and on the advice of the doctors, she was
taken to Victoria Hospital at Bangalore wherein she expired.
On the basis of the said complaint, firstly FIR came to be
registered for the offences under Section 498A and 307 of the
Indian Penal Code. After her death, offence under Section
302 of Indian Penal Code also included in the said case.
3. Heard the arguments of the learned counsel for
the petitioner-accused No.4 and also the learned High Court
Government Pleader for the respondent-State.
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4. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials produced in the
case. Earlier the present petitioner applied for bail along with
other accused persons in Crl.P. No.1488/2017 seeking
anticipatory bail. This court by its order dated 19.04.2017
rejected the bail petition and subsequently accused No.1
applied for bail under Section 439 of Criminal Procedure
Code. This court considering the merits of the case by its
order dated 16.08.2017 passed in Crl.P. No.5245/2017
allowed the bail petition and granted bail to accused No.1. I
have perused the said order also.
5. Looking to the materials placed on record and as
contended by the present petitioner in the bail petition, she
denied the entire case of the prosecution contending that
there is a false implication of the petitioner. Now the
investigation is completed and charge sheet is also filed. She
is a woman, she is ready to abide by any condition that may
be imposed by this court. It is also his submission that
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accused No.5 also applied for bail in Crl.P. No.314/2018 and
this court allowed the said petition of accused No.5 also and
granted bail to accused No.5. Perusing the orders of this
court in respect of accused No.1 and 5 and also the
contention raised by the petitioner-accused in the bail
petition and as investigation is completed and charge sheet is
also filed, she is a woman of 42 years by imposing reasonable
condition she can be admitted to regular bail subject to the
following conditions.
Hence, petition is allowed. The petitioner-accused No.4
is ordered to be released on bail, subject to the following
conditions:
i) Petitioner has to execute a personal bond for
Rs.1,00,000/- [Rupees One Lakh only] and
has to furnish one solvent surety for the
likesum to the satisfaction of the concerned
Court.
ii) Petitioner shall not tamper with any of the
prosecution witnesses, directly or indirectly.
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iii) Petitioner has to appear before the
concerned Court regularly.
Sd/-
JUDGE
CT-HR
Chs*