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Judgments of Supreme Court of India and High Courts

Pramila And Anr vs The State on 1 February, 2018








1. Pramila
W/o Ramchandra Devagiri,
Age 61 years,
Occ. Household,

2. Santhosh
S/o Ramchandra Devagiri,
Age 37 years,
Occ. KSRTC Employee,

Both are R/o H.No.8-1545/105,
Near Bhavani Temple, Shivaji Nagar,
Nehru Gunj, Kalaburagi – 585 103.

… Petitioners
(By Sri Jadhav Baburao Ambarao, Advocate)


The State through Mahila Police Station,
Represented by Addl. S.P.P
High Court of Karnataka,
Kalaburagi Bench – 585 103.
… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.91/2017 of Gulbarga
Women Police Station for the offences punishable under
Section 506, 323, 498A, 504 read with Section 34 of the
IPC pending before II Addl. JMFC at Kalaburagi.

This petition coming on for Orders this day, the
Court made the following:-


Heard the learned counsel for the petitioners and the

learned High Court Government Pleader.

2. Petitioners are the mother-in-law and brother-

in-law of the complainant. Complainant got registered a

complaint in Crime No.91/2017 with the respondent police

for the offences punishable under Section 498A, 323, 504

and 506 read with Section 34 of IPC.

3. It is the case of the defacto complainant that

she married to the first accused Prashant on 23.01.2008

and thereafter continued to lived happily for about 1-2

years and that thereafter the petitioner Nos.1 and 2

started troubling and tortured her. That on 05.10.2017 at

about 9.00 a.m. the petitioners abused her in a vulgar

language and thereafter accused No.1 beat her up with his

sandals and bare hands in the presence of the petitioners

herein. That on 15.11.2017 when the complainant

informed about the incident to the members of her

matrimonial home. She was yet again abused in vulgar

language for having failed to give birth to a child despite

passage of years after the marriage and also gave threat

to the life of the complainant.

4. It is submitted by the learned counsel for the

petitioners that the petitioners are living separately and

are is no way connected with the life of the accused No.1

and the complainant.

5. On perusal of the complaint and on a specific

querry to the learned High Court Government Pldaer as to

whether there is any evidence of any physical violence or

injury having been caused to the complainant, it is replied

that the complaint is borne out of marital discord. Taking

into consideration the fact that the first petitioner is aged

more than 60 years and that the second petitioner is a

government servant, this Court inclined to grant relief as

prayed for and petition is allowed.

6. The respondent-Police are hereby directed to

enlarge the petitioners/accused on bail in the event of

arrest in Crime No.91/2017 for the offences punishable

under Sections 498A, 323, 504 and 506 read with

Section 34 of IPC, subject to the following conditions :-

1. The petitioners shall execute a personal bond
for a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety each
for the likesum and to the satisfaction of the
II JMFC Court, Kalaburagi;

2. The second petitioner shall appear before the
Investigating Officer on every alternative
Sunday at 10.00 a.m. till filing of the charge

3. The petitioners shall not tamper with the
evidence or attempt to influence the
prosecution or the witnesses directly or


The Trial Court shall not be influenced by the

observations made by this Court in the disposal of the

petition. The observations are made only for the purpose

of disposal of this petition and the trial Court shall proceed

with the trial without being influenced by the observations

made by this Court.

Petition is ordered accordingly.




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