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Kum. Hemalatha P @ Sinchana vs State Of Karnataka By on 18 September, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF SEPTEMBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 6454/2019

BETWEEN

1. KUM. HEMALATHA.P @ SINCHANA
D/O PARAMESHWARA
AGED ABOUT 21 YEARS

2. LAKSHMAMMA @ LAKSHMI
W/O PARAMESHWARA
AGED ABOUT 43 YEARS

BOTH ARE RESIDING AT
NO.902, VIJAYA NAGARA
RATHNAPURI ROAD, BANNI ROAD
HUNSUR TOWN
MYSURU DISTRICT – 571 105
… PETITIONERS

(BY SRI. SUBHASH CHANDRA BOSE, ADVOCATE FOR
SRI. T.H. AVIN, ADVOCATE)

AND

STATE OF KARNATAKA BY
RAMANAGARA WOMEN POLICE STATION
RAMANAGARA DISTRICT

REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560 001
… RESPONDENT

(BY SRI. ROHITH B.J., HCGP)
2

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAI IN CR.NO.82/2019 REGISTERED BY
RAMANAGARA WOMEN POLICE STATION, RAMANAGARA
FOR THE OFFENCE P/U/S 498(A), 307 AND 114 R/W 34
OF SectionIPC.

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

ORDER

Heard the learned counsel for the petitioners (A2

A3) and the learned HCGP for the Respondent -State.

Perused the records.

2. Petitioners are arraigned as Accused Nos. 2

3 in Crime No.82 of Ramanagara Women Police

Station for the offence punishable under Sections 498A,

Section307 and Section114 r/w. 34 of SectionIPC, now pending on the file of

Principal Civil Judge (Sr.Dn.) and CJM, Ramanagara

District.

3. The brief facts of the case are that, Accused

No.1-Srikanth married the complainant-Smt. Bhavya

and they were blessed with two children. It appears

that there were some family differences between the

husband and wife. It is alleged that Accused No.1
3

developed illicit intimacy with Accused No.2 (1st

petitioner herein) and in that context, Accused No.1 has

been ill-treating and harassing the complainant.

Therefore, a complaint came to be lodged against

Accused No.1 and also incorporating the names of these

petitioners (A2 A3) without making any allegations

against them. In the complaint no overt act has been

alleged against these petitioners. But, it appears only

because of the alleged illicit relationship between

Accused No.1-Sachin with the 1st petitioner (A2), these

two petitioners, who appears to be the mother and

daughter, have been implicated in the said crime.

4. In the complaint lodged by the complaint,

no overt acts are alleged or specific allegations have

been made against these petitioners. Hence, they are

entitled to be enlarged on bail, particularly under

Section 439 of Cr.PC., when they were already arrested

and they are presently in judicial custody, and also they

are no more required for any further investigation.

Hence, the following,-

4

ORDER

The petition is allowed. Consequently, the
petitioners- 1 2 (A2 A3) shall be released on bail in
connection with Crime No. 82/2019 of Ramanagara
Women Police Station, for the offence punishable under
Sections 498A, Section307 and Section114 r/w, 34 of SectionIPC, now
pending on the file of III Addl. District and Sessions
Judge, Ramanagara, subject to the following
conditions:-

i) The petitioners shall execute a personal bond for
a sum of Rs.50,000/- (Rupees Fifty Thousand only)
with one surety for the like-sum to the satisfaction of
the jurisdictional Court.

ii) The petitioners shall not tamper the prosecution
witnesses.

iii) The petitioners shall appear before the
jurisdictional Court on all future hearing dates, unless
exempted by the Court for any genuine cause.

iv) The petitioners shall not leave the jurisdiction of
the trial Court without prior permission of the Court, till
the case registered against them is disposed of.

Sd/-

JUDGE

KGR*

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