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Smt.Iravva W/O Rudrayya Pujar, vs The State Of Karnataka on 20 March, 2017

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

Dated this the 20th day of March 2017

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

Criminal Petition No.100459/2017

Between

Smt. Iravva,
W/o Rudrayya Pujar,
Age: 66 years,
Occ: Housewife,
R/o: Honnapur,
Tal Dist: Dharwad. …Petitioner

(By Sri V.S.Kalasoormath for Sri Anil Kale, Advocate)

And

The State of Karnataka,
Through PSI,
Dharwad Rural Police Station,
Rptd. By SPP, HCKB Dharwad. …Respondent

(By Sri Praveen K. Uppar, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.PC. seeking to allow the petition and enlarge the
petitioner on bail in Dharwad Rural Police Station in Crime
No.211 of 2016 for the offence punishable under Section
498A, 323, 306 read with Section 34 of IPC in C.C.
No.3019/2016

This Criminal Petition coming on for Orders this day,
the Court made the following:
2

ORDER

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-police. Perused the records.

2. The petitioner is arrayed as accused No.3 in

C.C. No.3019/2016 for the offences under Sections 323,

498A and 306 read with Section 34 of the Indian Penal

Code, on the file of the II Additional Civil Judge JMFC,

Dharwad.

3. The brief allegations, as could be seen from the

chargesheet papers, are that a lady by name Manjula

was given in marriage to the petitioner’s son by name

Allayya Pujar in 2009. Thereafter, the said Manjula

started her matrimonial life with accused No.1. The

petitioner was also residing along with accused No.1

and said Manjula. It is the allegation that, after some

time of the marriage, the petitioner, along with accused

No.1 and 2, started ill-treating and harassing the

deceased on the ground that she did not know the
3

household work and cooking and she was very slow in

doing the work. Having suffered ill-treatment and

harassment and she being frustrated, it is alleged that

on 29.07.2016, the said Manjula committed suicide by

pouring kerosene on herself and litting fire.

4. Looking to the above facts and circumstances,

there is no allegation of demand of dowry, or gold, or

silver articles. Perhaps, because of slow working of the

deceased and she not doing household work, there

might have been some altercations in the family.

Whether that has been taken very seriously by the

deceased has to looked into by the Court during the

course of full-fledged trial. It has also to be ascertained

whether the deceased was too sensitive to such

altercations. This Court has already released accused

No.2 on bail in connection with this case, by its order

dated 27.02.2017 passed in Crl.P. NO.101549/2016.

The petitioner herein is a lady and she was arrested on

the day of the incident and since then she is in judicial

custody. Now, the chargesheet has already been filed
4

and the trial may also take considerable time. Under the

above said facts and circumstances, and as there is no

specific overt act alleged against this petitioner, I am of

the opinion that the petitioner is entitled to be enlarged

on bail. Hence, the following:

Order

The petition is allowed. Consequently, the
petitioner in connection with S.C. No.155/2016
(arising out of Crime No.211/2016 of Dharwad Rural
Police Station) on the file of the Principal Sessions
Judge, Dharwad, for the offences under Sections
498A, 323 and 306 read with Section 34 of IPC, on
the following conditions:

i) The petitioner shall and execute a personal
bond for a sum of Rs.1,00,000/- with one
solvent surety for the likesum to the
satisfaction of the Sessions Court.

ii) The petitioner shall not indulge in
tampering the prosecution witnesses.

iii) The petitioner shall appear before the
Court on all future hearing dates unless
exempted by the Court for any valid
reasons.

5

iv) The petitioner shall not leave the
jurisdiction of the Sessions Court without
prior permission until the case registered
against her is disposed off.

Sd/-

JUDGE

Kms

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