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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3471 OF 2018
Between:
1. Manjamma
W/o Hanumantharaju
Aged about 47 years
2. Hanumantharaju @ Hanumanthappa
S/o Late Obalaiah
Aged about 54 years
3. Pushpalatha @ Pushpa
D/o Hanumantharaju
Aged about 24 years
No.1 to 3 are R/at
Tannenahalli Village
Kolala Hobli, Koratagere Taluk
Tumkur District – 572 129
…Petitioners
(By Sri: Ravikumara B. R., Advocate)
And:
State by Badavanahalli Police Station
Represented by
State Public Prosecutor
High Court Building – 560 001.
…Respondent
(By Sri. S. Vishwa Murthy, HCGP)
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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 Cr.No.57/2018 of Badavanahalli
Police Station, Tumakuru for the offence punishable under
Sections 304(B), 306 and 498(A) read with Section 34 of
Indian Penal Code.
This Criminal petition coming on for Orders, this day,
the court made the following:
ORDER
This petition is filed under Section 438 of Cr.P.C.
seeking anticipatory bail in Crime No.57/2018 registered
for the offences punishable under Sections 304B, 498A,
306 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioners
and learned High Court Government Pleader.
3. Learned High Court Government Pleader has
not filed any statement of objection, but, has orally
opposed the petition.
4. The petitioners are the mother-in-law,
father-in-law and sister-in-law of the deceased Vinuta.
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The deceased was given in marriage to accused No.1 on
30.05.2012. She died in her parents’ house on
11.04.2018. In the complaint, it is alleged that on
11.04.2018, all of a sudden, the deceased felt dizzy and
collapsed on the floor and immediately, she was shifted
to the hospital, where, she was declared dead. The
allegations made in the complaint are that the deceased
was subjected to ill-treatment and harassment by her
husband and in-laws in the matrimonial house and being
unable to bear the cruelty, she committed suicide on the
fateful day.
5. A reading of the complaint indicates that the
incident has taken place in the parental house of the
deceased. Undisputedly, the marriage of the deceased
was performed on 30.05.2012. The learned counsel for
the petitioners has produced the copy of the domestic
violence case instituted by the deceased in
Crl.Misc.No.53/2016 wherein it is stated that on account
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of the ill-treatment meted out to her by the accused
persons, she has been residing in her parental house.
Therefore, it cannot be believed that on account of the
instigation or provocation by the petitioners or
accused No.1 deceased was driven to take extreme
steps to end her life.
Hence, the following:
ORDER
Criminal petition is allowed. The petitioners are
directed to appear before the Investigating Officer
within 15 days from the date of this order and on their
appearance, the Investigating Officer shall interrogate
the petitioners and shall enlarge them on bail on the
same day subject to the following conditions:-
a. The petitioners/accused Nos.2, 3 and 4
shall furnish a bond for Rs.1,00,000/-
(Rupees One lakh only) each with one
surety each for the likesum to the
satisfaction of the Investigating
Officer;
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b. The petitioners shall appear before the
Investigating Officer as and when
required;
c. The petitioners shall cooperate in the
investigation;
d. The petitioners shall not threaten or
allure the prosecution witnesses; ande. The petitioners shall mark their
attendance in Badavanahalli Police
Station, Madhugiri Sub-Division,
Tumakuru, on 15th of every calendar
month until submission of the final
report.
Sd/-
JUDGE
Prs*