1
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.
2
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.
3
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
4
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
5
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.
6
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
