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B.R. Gowramma vs The State Of Karnataka on 28 March, 2017

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF MARCH, 2017

                           BEFORE

        THE HON' BLE MRS. JUSTICE RATHNAKALA

          CRIMINAL PETITION NO.1086 OF 2017
BETWEEN:

B.R.Gowramma,
W/o late S. Yathirajappa,
Aged about 65 years,
Occ: Household Work,
R/o Ramapura Post,
Molalmuru Taluka,
R/o Hunasekatte Village,
Chitradurga District - 577 535.
                                                    ... Petitioner
(By Sri. Dinesh Kumar K Rao, for
    Sri. Ravindra B Deshpande, Advocates)

AND:

The State of Karnataka,
By Chitradurga Town Police Station,
Chitradurga District - 577 501.
                                                 ... Respondent
(By Sri. S. Vishwamurthy, HCGP)

     This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the event of
her arrest in Cr.No.240/2016 of Chitraduraga Town P.S.,
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Chitradurga District for the offences P/U/S 498A, 304B, 114
r/w 34 of IPC and Section 4 of D.P. Act.

     This Criminal Petition coming on for orders this day, the
Court made the following:

                            ORDER

Heard Sri. Dinesh Kumar, learned counsel for the

petitioner and Sri. Vishwamurthy, learned HCGP for the

respondent – State.

2. The petitioner (Accused No. 2 ) along with

accused No.1 is charge sheeted by the respondent police in

respect of offence punishable under Sections 498A, 304B,

114 read with Section 34 of IPC and Section 4 of D.P. Act, in

their Crime No.240/2016.

3. The deceased is the wife of the first accused. The

allegation is first and second accused / petitioner had extra

marital relationship inter-se: at the instigation of this

petitioner, accused No.1 tortured his wife physically and

mentally and demanded her to get Rs.One Lakh from her
3

bother. The petitioner also joined first accused in torturing

the deceased, that lead the deceased to commit suicide by

hanging herself in the matrimonial home on the night of

12.04.2016.

4. Learned counsel for the petitioner submits that at

no pint of time petitioner was called upon by the IO for the

purpose of interrogation. After coming to know that a

complaint is registered against her, she approached this court

and now the charge sheet is filed during the pendency of this

petition.

5. Perused charge sheet papers.

6. The entire case of the prosecution rests on the

circumstantial evidence. The petitioner is aged 65 years.

Investigation since completed, having regard to the definite

role attributed to this petitioner in the alleged offences, there

is no impediment to allow the petition. Petition is allowed.

Petitioner is granted anticipatory bail for a period of three
4

months. Within the above period she shall surrender before

the concerned court and move for regular bail. Till disposal

of her bail petition, this order shall be in force.

In the event of her arrest by the respondent IO within

the above period, she shall be released on bail on executing a

self bond for a sum of Rs.1,00,000/- (One Lakh Rupees only)

with one surety for the likesum to the satisfaction of the

concerned IO.

Sd/-

JUDGE
Bsv

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