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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28th DAY OF AUGUST 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.6006/2017
BETWEEN:
1. HARISHA @ SOMA
S/O ERANNA
AGED ABOUT 30 YEARS
2. ERANNA
AGED ABOUT 60 YEARS
ALL ARE R/O HAROHALLI VILLAGE
JAYAPURA HOBLI
MYSORE TALUK – 570 008. …PETITIONERS
(BY SRI VENKATESH, ADV.)
AND:
STATE BY JAYAPURA POLICE
MYSORE TALUK
MYSORE DISTRICT – 570 008
REP. BY SPP
HIGH COURT BUILDING
BENGALURU – 560 001. …RESPONDENT
(BY SRI CHETAN DESAI, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN CR.NO.64/2017 (C.C.NO.606/2017) OF JAYAPURA P.S.,
MYSURU DISTRICT FOR THE OFFENCES P/U/S 498A, 304B, 302,
114 R/W 34 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
petitioners/accused and the learned High Court Government
Pleader appearing for the respondent-State.
2. The petitioners along with the co-accused are
charge sheeted by the respondent-police in their
Cr.No.64/2017 registered in respect of the offences
punishable under sections 498-A, 114, 302, 340(B) r/w
section 34 of IPC.
3. The allegation is, the 1st accused after having
affair with the deceased Megha for some time, married her.
Subsequent to the marriage, the accused persons (husband
and in-laws) harassed the deceased and her parents,
pestered the deceased to get gold ornaments from her
parents house and to get the house property transferred to
her name and also for cash amount of Rs.5 lakhs. In this
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regard a Panchayath was held. Though the parents of the
deceased requested that the property will be distributed
after the marriage of their children, the accused persisted
their ill-treatment to the deceased; unable to bear with
their harassment and atrocious treatment, the deceased
committed suicide by hanging herself to the roof, at the
matrimonial home.
4. Perused the charge sheet papers. The medical
opinion as to the cause of death was initially, due to
compression of neck. However, it varied to different
opinions and lastly lands up to the conclusion that ‘exact
cause of death cannot be opined’. There are no direct eye
witnesses to the incident. The material witnesses are kith
and kin of the deceased. The case of the prosecution rests
on the circumstantial evidence and the petitioners are the
family holders without criminal background and permanent
residents of cause title address. If their presence can be
secured before the court on the hearing dates, there is no
impediment to allow the petition.
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The petition is allowed. Petitioners are enlarged on
bail in Crime No.64/2017 of respondent-police, subject to
the following conditions:
(i) They shall execute a self bond for a sum
of Rs.1,00,000/- each with one local
surety for the likesum to the satisfaction
of the concerned Court.
(ii) They shall attend the Court on all hearing
dates regularly and punctually.
(iii) They shall not threaten the prosecution
witnesses.
Sd/-
JUDGE
Dvr:
