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Smt. Gangamma vs The State Of Karnataka on 12 February, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.446/2018

BETWEEN:

Smt Gangamma
W/o Late Krishnappa
Aged about 80 years
R/o Banadapalya Village
Hebbur Hobli
Tumakuru Taluk and
Tumakuru District-572 120. … PETITIONER

(By Sri Rahul Rai K, Adv.)

AND:

The State of Karnataka
Through Women Police Station
Tumakuru
Represented by its
State Public Prosecutor
High Court Building
High Court of Karnataka
Bangalore-560 001. …RESPONDENT

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.99/2016 of Women P.S., Tumakuru District, for the
offences P/U/Ss 149, 498A, 302, 114 and 341 of IPC.
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This Criminal Petition coming on for Orders this day,
the Court made the following:

ORDER

This petition is filed by the petitioner/accused

No.2 under Section 439 of Cr.P.C. seeking his release on

bail for the offences punishable under Sections 498A,

302, 114, 341 r/w Section 149 of IPC registered in

respondent – police station Crime No.99/2016.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused No.2 and also the

learned High Court Government Pleader appearing for

the respondent-State.

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials produced

by the petitioner along with the petition.
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4. Initially, FIR was registered for the offences

under Sections 498A and 307 r/w Section 34 of IPC.

But after the death of the injured, the offence under

Section 302 of IPC was inserted as per the requisition

made by the police.

5. One Sri B Somashekar, brother of the deceased

is the complainant in this case. He has stated that

about 14 years ago his sister was given in marriage to

accused No.1 and since then she was residing in her

matrimonial house. Dispute started between the

husband and wife and the family members and several

panchayaths were convened. On 26.12.2016 between

8.30 p.m. and 9.00 p.m. his sister’s son Rudresh

informed him over phone that accused No.1 and his

family members with an intention to kill his sister had

assaulted her and poured kerosene and lit fire to her.

On receiving the said information, immediately, the
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complainant went to Government Hospital, Tumkur,

since there were 90% burn injuries, on the advice of the

Doctor, she was taken to Victoria Hospital at Bengaluru

wherein she expired. On the basis of the said complaint

case was registered for the above offences.

6. The petitioner has denied the allegations in the

complaint and contended that there is a false

implication by the police even though she is totally

unconnected with the alleged offences. It is also her

contention that now the investigation is completed and

charge sheet is filed. She is ready to abide by any

reasonable conditions to be imposed by this Court.

Though the age of the petitioner is mentioned as

80 years in the cause title of the petition, no such

documents are produced by the learned counsel for the

petitioner in this regard. However, the learned
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Government Pleader referring to the prosecution

material submitted that petitioner is aged 60 years.

7. Learned counsel for the petitioner has produced

the copies of the bail orders granted, dated 8.2.2018 in

Crl.P.No.354/2018 in respect of accused No.3, bail

order dated 31.1.2018 passed in Crl.P.No.315/2018 in

respect of accused No.4 and the bail order dated

30.1.2018 passed in Crl.P.No.314/2018 in respect of

accused No.5. I have perused the said orders.

8. Since petitioner is a woman aged 60 years and

also since investigation is completed and charge sheet is

filed and also accused Nos.3, 4 and 5 have been

already granted bail, by imposing conditions, petitioner

may be admitted to regular bail.

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9. Accordingly, petition is allowed.

Petitioner/accused No.2 is ordered to be released on

bail for the offences punishable under Sections 498A,

302, 114, 341 r/w Section 149 of IPC registered in

respondent – police station Crime No.99/2016, subject

to the following conditions:

i. Petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- and
furnish one surety for the likesum to
the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner shall appear before the
concerned Court regularly.

Sd/-

JUDGE

bkp

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