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Manjamma vs State By Badavanahalli Ps on 18 June, 2018

1

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)
2

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.
3

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
4

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;

5

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; and

e. 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*

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