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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETITION NO. 200138/2019
BETWEEN:
1. Malkamma W/o Sidramappa Angadi,
Age: 50 years, Occ: Household,
R/o Rastapur Village, Tq. Shahapur,
Presently R/o Mamata Colony,
Shahapur City, Dist: Yadgiri-585201.
2. Sidramappa S/o Sharanappa Angadi,
Age: 55 years, Occ: Business,
R/o Rastapur Villagbe, Tq. Shahapur,
Presently R/o Mamata Colony,
Shahapur City, Dist. Yadgiri-585201.
… Petitioners
(By Sri Basavaling Nasi, Advocate)
AND:
State through Shahapur P.S.
Represented through Addl. SPP
High Court of Karnataka
at Kalaburagi Bench.
… Respondent
(By Sri P.S.Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C, praying to allow the petition and release the (accused
No.1 and 2) petitioner’s on bail in bearing Crime
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No.485/2018 and FIR No.712/2018 of Shahapur police
station at Shahapur for the offence under Section 498A, 302
R/w Sec.34 of IPC which is pending on the file of Civil Judge
JMFC (Jr.Dn.) Court at Shahapur, in the interest of
justice.
This petition coming on for Orders this day, the Court
made the following:
ORDER
This petition is filed under Section 439 of Cr.P.C.
seeking to enlarge the petitioners on bail in Crime
No.485/2018 of Shahahpur Police Station, for the
offence under Section 498(A) and 302 R/w Section 34
of IPC.
2. It is the case of the prosecution that on
22.12.2018, the complainant Adappa filed a complaint,
he has alleged in his complaint that his sister Amruta @
Amramma was given in marriage to Sharabanna Angadi
of Rastapur village in the year 2009. They have
constructed a house in Mamta Colony Shahapur by
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taking loan amount. Since last two or three years,
accused No.1 to 4 have been harassing and ill-treating
is sister asking her to bring loan of Rs.2,00,000/- from
her parent’s house. The parents had arranged a loan of
Rs.1,00,000/- and given the same to the accused. The
accused continued to insist her to bring another
Rs.1,00,000/- loan amount from her parent’s house in
this regard she was being harassed. On 22.12.2018
Amruta called the complaint on phone and informed
that accused No.1 to 4 were assaulting her and giving
life threat as she has not brought the amount. The
complainant informed his sister that he will come and
take her back. At about 9.30 a.m., he received
telephone call with the information that Amruta has
committed suicide. The complainant went to the house
of the accused, his sister’s body was lying on a cot. He
has alleged that the accused have murdered his sister
and then hanged her. On the basis of his complaint,
the respondent-police have registered the above case
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against accused No.1 to 4. In the course of
investigation, the petitioners-accused No.1 and 2 were
arrested on 23.12.2018 and since then they are in
judicial custody.
3. The petitioners have stated that there is no
specific allegation against them and that they have been
falsely implicated in the case. They are the parents of
the accused No.3 and 4 on the assumption they have
been implicated. The very facts goes to show that the
deceased might have committed suicide and most
probably the allegations attracts the offence under
Section 498A of IPC against the petitioners. The
petitioners are mother-in-law and father-in-law of the
deceased and they are age old suffering from old age
ailments The baby born to the deceased is also in
judicial custody with petitioner No.1 as there is nobody
to look after the baby. Looking to the age of the child
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and further nourishment, the petitioners may be
enlarged on bail.
4. The learned High Court Government Pleader
filed a statement of objections. It is stated that the
alleged offence under Section 302 of IPC is non-bailable
and triable by the Sessions Court and is punishable
with death or imprisonment for life. There is a material
against the petitioners to show that since last 2-3 years,
the petitioners and accused No.3 and 4 were insisting
the deceased to bring an amount of Rs.2,00,000/- as
loan from her parent’s house and the parents of the
deceased had arranged Rs.1,00,000/- and given to the
accused. But the accused continued to harass the
deceased insisting her to bring another Rs.1,00,000/-.
On 22.12.2018 in the morning, the deceased herself
called the complaint on phone and informed him that
the accused are assaulted her and giving life threat as
she has not brought the amount and requested him to
come and take her. Later at 9.30 a.m. the complainant
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received telephone call from accused No.4 that Amruta
has committed suicide. Therefore, there is a clear
material as to the demand of money made by the
accused and also the PM report goes to show that the
death is due to “Asphyxia as a result of hanging”. In
that, it is the case of homicidal hanging in the house of
the matrimonial home. In case the petitioners are
released on bail, there is likelihood of tampering the
prosecution witnesses and hampering the trial and also
absconding and fleeing away from taking trial.
5. Heard the learned counsel for the petitioners
and the learned High Court Government Pleader.
6. The learned counsel for the petitioners
submits that, absolutely there are no allegation of any
overt act against the petitioners so for as the alleged
offence under Section 302 of IPC is concerned and at
the most the allegations in the complaint goes to show
that the offence under Section 498A of IPC is attracted
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against the petitioners. The learned counsel further
submitted that 18 months child of the deceased is also
taken by petitioner No.1 while she was remanded to the
judicial custody, as there is nobody to look after the
said child. Therefore, the petitioners may be enlarged
on bail.
7. Per contra, the learned High Court
Government Pleader opposing the bail petition and
reiterating the statement of objections, submits that in
case the petitioners are enlarged on bail, there is a
likelihood of tampering with the prosecution witnesses
and hampering the trial and that there are common
allegations against the petitioners and accused No.3
and 4 and the death of the deceased took place in the
house of the accused-petitioners. Under these
circumstances, the bail petition may be rejected.
8. The allegation in the complaint goes to show
that the petitioners and accused No.3 and 4 were
demanding money from her parent’s house and she was
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subjected to ill-treatment as she had not brought the
remaining amount of Rs.1,00,000/- as demanded by the
accused. So for as the alleged incident dated
22.12.2018 is concerned, it is the case of the
prosecution that the accused themselves ill-treated the
deceased and hanged her which is homicidal death. On
the other hand the petitioners have stated that the
deceased might have committed suicide. The cause of
death as stated in the PM report is due to “Asphyxia
as a result of hanging”. Admittedly, the petitioners are
parents of accused No.3 and 4 and child of the deceased
is also in the custody of petitioner No.1 in the jail. It is
stated that maternal grand parents of the child have not
come forward to take the custody of the child.
Further, custodial interrogation of the petitioners is not
required, therefore, they are remanded to judicial
custody. Under these circumstances, I am of the
considered opinion that the petitioners are entitled to be
enlarged on bail on imposing necessary conditions to
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see that they will appear before the Court regularly and
they will not tamper with the prosecution witnesses.
Accordingly, I proceed to pass the following..
ORDER
Petition under Section 439 of Cr.P.C. is hereby
allowed.
The petitioners are ordered to be enlarged on bail
in Crime No.485/2018, pending on the file of Civil
Judge JMFC (Jr.Dn.) Court, Shahapur, on their
executing a personal bond of Rs.1,00,000/- each with
two sureties for the likesum to the satisfaction of the
committal Court on the following conditions.
1. The petitioners shall not threaten or allure
the prosecution witnesses in any manner.
2. The petitioners shall appear before the Court
regularly as and when directed.
3. The petitioners shall not leave the
jurisdiction of the trial Court without prior
permission.
Sd/-
JUDGE
SMP / RPH