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Judgments of Supreme Court of India and High Courts

Nagesha vs State Of Karnataka on 5 August, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF AUGUST, 2019

BEFORE

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

CRIMINAL PETITION No.4113 OF 2019

BETWEEN:

1. NAGESHA,
S/O.LATE GOPALA RAO,
AGED ABOUT 58 YEARS,

2. MANJULA,
W/O.NAGESHA,
AGED ABOUT 56 YEARS,

BOTH ARE RESIDING AT
SHANKARIPURA, HASSAN-573 202. … PETITIONERS

(BY SRI.P.PRASANNA KUMAR, ADVOCATE FOR
SRI.CHANDRASHEKAR.H.B, ADVOCATE)

AND:

STATE OF KARNATAKA,
BY HASSAN EXTENSION POLICE,
HASSAN-573 201.
REP. BY SPP,
HIGH COURT. … RESPONDENT

(BY SRI.HONNAPPA, HCGP)

THIS CRL.P IS FILED U/S.438 OF CR.P.C., PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF
THEIR ARREST IN CR.NO.86/2019 OF HASSAN EXTN.P.S.,
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HASSAN FOR THE OFFENCE P/U/S 304B,498A R/W 34 OF SectionIPC
AND SECTIONS 3 AND 4 OF D.P ACT.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel for the petitioners and learned

HCGP for the respondent-State. Perused the records.

2. Petitioners, who are arraigned as accused nos. 2 and

3 in Cr.NO.86/2019 of respondent-police, pending on the file

of IV Civil Judge JMFC., Hassan for the offences punishable

under Sections 498(A) and Section304(B) r/w Section 34 of IPC.

3. Case of the prosecution is that one M.K. Ashwini

daughter of the complainant was given in marriage to

accused no.1. Thereafter she started residing in the

matrimonial home along with accused Nos. 1 to 3. On

9.5.2019 she committed suicide by consuming tablets.

Father of the deceased, has filed a complaint suspecting the

hands of accused nos.1 to 3 in the death of the deceased

alleging that since the date of marriage, they had been ill
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treating and harassing the deceased demanding further

dowry.

4. However, learned HCGP, took me to the further

statement of the complainant, wherein he diluted his earlier

statement giving up the allegations made against the

petitioners, but reiterating the allegations made against

accused no.1. Accused no.1 is in judicial custody. The

petitioners have sought for anticipatory bail.

5. Under the above said facts and circumstances,

when there are no specific allegations against these

petitioners in the further statement of the complainant, it is

just and necessary to release them on anticipatory bail as

prayed for. Hence, the following:

ORDER

The petition is allowed. Consequently, the petitioners
shall be released on bail in the event of their arrest in
connection with Crime No. 86/2019 of respondent- Hassan
Extension Police Station, on following conditions:-

i) The petitioners shall surrender themselves before
the Investigating Officer within ten days from the
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date of receipt of a certified copy of this order and
they shall execute personal bond for a sum of
Rs.1,00,000/-(Rupees one lakh only) each with one
surety for the like-sum to the satisfaction of the
concerned Investigating Officer.

ii) The petitioners shall not indulge in hampering the
investigation or tampering the prosecution
witnesses.

iii) The petitioners shall co-operate with the
Investigating Officer to complete the investigation,
and they shall appear before the Investigating
Officer as and when called for.

iv) The petitioners shall not leave the jurisdiction
without prior permission of the Court, till the charge
sheet is filed or for a period of three months
whichever is earlier.

Sd/-

JUDGE

Psg*

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