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Judgments of Supreme Court of India and High Courts

Narayanamma vs State Of Karnataka on 26 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4291 OF 2018

BETWEEN:

1. NARAYANAMMA
W/O CHIKKAPATALAPPA
AGE: ABOUT 62 YEARS

2. CHIKKAPATALLAPPA
S/O SITAPPA
AGED ABOUT 67 YEARS

PET. NO. 1 AND 2 ARE
R/O THARAHUNASE VILLAGE
JALA HOBLI
BANGALORE NORTH TALUK
BANALORE-562157

3. ROOPA T P
W/O NAGENDRA C
AGED ABOUT 40 YEARS,
R/O NO.15/1, 5TH A CROSS
TARADAMBA NAGAR
JALAHALLI VILLAGE
BANGALORE NORTH TALUK
BANGALORE-562157

4. REKHA T P
D/O PATALAPPA
AGED ABOUT 35 YEARS
R/O HAROHALLI VILLAGE
VIJAYAPURA HOBLI
2

DEVANAHALLI TALUK
BANGALORE RURAL-562135

5. GIRIJAMMA ALIAS GIRIJA
W/O KESHAVA MURTHY
AGED ABOUT 42 YEARS
R/O NO.162, TARANAHUNASE VILLAGE
JALA HOBLI, BANGALORE NORTH TALUK
BANGALORE-562157.
… PETITIONERS

(BY SRI:B.S. PRASAD, ADVOCATE)

AND

STATE OF KARNATAKA
REPRESENTED BY CHIKKAJALA POLICE
CHIKKAJALA, BENGALURU

REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT
BENGALURU-560001.
… RESPONDENT

(BY SRI: K.NAGESHWARAPPA, HCGP)

THIS CRL. P IS FILED U/S 438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO. 89/2018 OF CHIKKAJALA POLICE STATION,
BANGALORE FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498A OF IPC AND SEC 3 4 OF D.P ACT .

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

This petition is filed under section 438 Cr.P.C. seeking

anticipatory bail in Cr.No.89/2018 registered under section 498-

A of Indian Penal Code and Sections 3 and 4 of Dowry

Prohibition Act. Petitioner Nos.1 and 2 are the father-in-law and

mother-in-law and petitioner Nos.3 to 5 are the sisters-in-law of

the complainant.

Heard the learned counsel for the petitioners and the

learned HCGP. The learned HCGP has not filed any statement of

objections, but has orally opposed the petition.

2. FIR has been registered based on the complaint lodged

by Smt. Sachita K., the daughter-in-law of petitioner Nos.1 and

2 alleging that at the time of her marriage, a sum of Rs.4.00

lakhs and ½kg gold was paid by way of dowry. Even thereafter,

the petitioners herein have been demanding additional dowry

and have been ill-treating and harassing the complainant to

bring her share in the ancestral property.
4

3. The allegations made against the petitioners no-doubt

require to be investigated, but the custody of the petitioners is

not required for the said purpose.

4. Having regard to the nature of the allegations made

against the petitioners and the character of the evidence that is

required to be collected in proof thereof, the petition deserves to

be allowed.

5. 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 shall furnish a bond in a sum

of Rs.1.00 lakh(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; and

e. The petitioners shall mark their attendance in

Chikkajala Police Station, Devanahalli Sub-

Division, Bengaluru on the 15th of every

calendar month until submission of the final

report.

Sd/-

JUDGE

*mn/-

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