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Chetan M P vs State Of Karnataka on 11 June, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.2061 OF 2018

BETWEEN :

1. Chetan M.P.,
S/o. Haleshappa,
Aged about 24 years,
Agriculturist and
Private Employee

2. Smt. Latha M.P.,
W/o. Haleshappa
Aged about 45 years,
House wife

Both residing at
Mandaghatta Village,
And Post, Shikaripura
Taluk-577201. …Petitioners

(By Sri. Pavan Kumar G., Advocate for
Sri. S.Shankarappa, Advocate)

AND :

State of Karnataka
By Kumsi Police Station,
Represented by
State Public Prosecutor,
High Court Building,
Bangalore-560001. …Respondent
-2-

(By Sri.S.Vishwa Murthy, HCGP)

This Criminal Petition is filed under Section 438
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.104/2018 of Kumsi Police
Station, Shivamogga District, for the offence punishable
under
Section 304B, 498A read with 34 of IPC.

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

ORDER

The petitioners are the husband and the mother-in-

law of the deceased Nalina. She was given in marriage to

petitioner No.1 on 27.4.2014. Thereafter, she started

residing with the petitioners. The allegation made against

the petitioners is that they used to subject the deceased to

harassment demanding dowry.

2. The specific allegation is that on 11.2.2018 at

about 3.00 PM the deceased was made to drink poison

forcibly. Though this allegation was made in the complaint

by the father of the deceased, the death note left behind

by the deceased indicates otherwise. Considering this note

while considering the bail petition of accused No.3, this
-3-

court has observed that in the said death note the

deceased had blamed her father for her death and in view

of this discrepancy, bail was granted to accused No.3.

The said reasoning squarely applies to the present

petitioners. The petitioners also stand on the same footing

and deserve to be admitted to bail on the ground of parity.

Hence, the following : –

Petition is allowed.

In the event of arrest of the petitioners
in connection with Crime No.104/2018, they
shall be released on bail on obtaining from
them a personal bond for Rs.50,000/- (Rupees
Fifty Thousand only) each and one surety for
the likesum subject to the following conditions:

(i) They shall co-operate with the
Investigating Officer during
investigation;

(ii) They shall not leave jurisdiction of the
trial Court till investigation is over;

(iii) They shall not tamper with the
evidence collected by the
investigating officer;
-4-

(iv) They shall not directly or indirectly
threaten the witnesses; and

(v) They shall mark their attendance in
Kumsi Police Station, Shivamogga, on
the 15th of the calendar month until
filing of the charge sheet.

Sd/-

JUDGE

ckl

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