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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.2259 OF 2019
BETWEEN:
1. Samshisya
D/o. Mohin Pasha
@ Dealer Babu
Aged about 20 years,
2. Saleempasha @ Saleem
S/o. Mohinpasha @ Dealer Babu
@ Dealear Babu
Aged about 22 years,
Both are residing at 9th Cross
4th Main, PG Layout
Near Akbar Masidi Swandenahalli
Kasaba Hobli
Tumkur – 560 816. …Petitioners
(By Smt. S.Taj, Advocate)
AND:
State of Karnataka
Rep. by State by Women Police Station
Tumakuru
Rep. by State Public Prosecutor
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High Court Building
Bengaluru – 560 001. …Respondent
(By Sri.Honnappa, 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 Cr.No.106/2018 of Women P.S.C.,
Tumakuru for the offences punishable under Sections 498A,
Section304B r/w. 34 of SectionIPC and Section 4 of D.P.Act.
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard learned Counsel for the petitioners and the
learned HCGP for the respondent – State. Perused the
records.
2. The respondent police have laid charge sheet
against the petitioners who are arraigned as accused Nos.4
and 5 in crime No.106/2018 pending on the file of II
Additional Senior Civil Judge and JMFC Court, Tumakuru, for
the offences punishable under Sections 498A, Section304B read
with Section 34 of IPC and Section 4 of Dowry Prohibition
Act. There is no dispute that the deceased Asha @
Ayeesha was given in marriage to accused No.1 Alim
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Pasha about two years prior to the incident. It is alleged
that after the marriage, she started to live with accused No.1
in her matrimonial home. It is also alleged that the accused
have started ill treating and harassing the said lady. After
three months of the marriage, they started demanding
further dowry of Rs.5.00 lakhs, etc. Due to the ill treatment
and harassment, the deceased committed suicide in the
matrimonial home by strangulating herself.
3. The petitioners are none other than the sister and
brother of accused No.1. The allegations are omnibus in
nature. It is only stated in the complaint that the accused
were ill treating and harassing the deceased. What type of
harassment and ill treatment was given to her, has to be
established during the course of trial. Further added to that,
there is no allegation against the accused that they have ill
treated the deceased in such a way that it was sufficient for
her to commit suicide. The petitioners are the relatives of
accused No.1. There are serious allegations against accused
No.1, whereas casual allegations are made so far as the
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petitioners are concerned. Petitioner No.1 is sister and
petitioner No.2 is brother of accused No.1. Considering the
nature of the allegations made against the petitioners and as
the charge sheet has already been filed, the petitioners are
entitled to be enlarged on bail. 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.106/2018 of Women Police Station,
Tumakuru subject to the following conditions:-
i) The petitioners shall surrender themselves before
the Investigating Officer within Ten days from the
date of receipt of a certified copy of this order and
shall execute personal bond for a sum of
Rs.1,00,000/- each with two sureties 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.
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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 of the
Investigating Officer without prior permission, till
the charge sheet is filed or for a period of three
months whichever is earlier.
Sd/-
JUDGE
Cs
CT:KA
