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:
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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
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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
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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.
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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