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Smt Kamala @ Thirumaleshwari K M vs The State Of Karnataka on 12 December, 2013

Karnataka High Court Smt Kamala @ Thirumaleshwari K M vs The State Of Karnataka on 12 December, 2013Author: H.S.Kempanna

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12TH DAY OF DECEMBER 2013 BEFORE

THE HON’BLE MR.JUSTICE H.S. KEMPANNA CRIMINAL PETITION NO.6781/2013

BETWEEN

SMT. KAMALA @ THIRUMALESHWARI K.M. W/O. MOHAN GOWDA

AGED ABOUT 58 YEARS

OCC: HOUSEHOLD WORK

R/O. KIRIBHAGA HOUSE

BALUGODU VILLAGE AND POST

SULLIA TALKUKA., D.K. – 574 239. … PETITIONER

(BY SRI. RAVINDRA B. DESHPANDE, ADV.,) AND:

THE STATE OF KARNATAKA BY

UPPINANGADY POLICE STATION – 574 241. … RESPONDENT

(BY SRI.B.VISWESWARAIAH, HCGP)

THIS PETITION IS FILED UNDER SECTION 438 OF CR.P..C, PRAYING TO ENLARGE THE PETITONER ON BAIL IN THE EVENT OF HER ARREST IN CRIME NO.153/13 OF UPPINANGADY P.S., PUTTUR, D.K., MANGALORE, FOR THE OFFENCES P/U/S. 498A, 306 R/W. 34 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

The petitioner, who is arrayed as A.2 in Crime No.153/2013 on the file of the respondent/police registered for the offences under Sections 498A, 306 r/w. 34 of IPC, is before this Court praying for grant of anticipatory bail.

2. It is alleged among other things in the complaint that the deceased Geetha – daughter of the complainant had been given in marriage to A.1 – son of this petitioner on 12.4.2012. After the marriage the deceased was leading her marital life in the house of the accused situated at Kiribhaga house, Balugodu village in Sullia Taluk, D.K. She lead cordial marital life for sometime. Thereafter, the accused started subjecting the deceased to cruelty and harassment on the ground that the property that falls to the share of the deceased should be made in the name of the first accused 3

namely, the son of this petitioner. It is alleged that on 14.9.2013 the first accused had been to the house of the complainant along with his wife and at that time he insisted the complainant that the property that falls to the share of his wife should be made in his name and thereafter he returned. Two days later i.e. on 16.9.2013 the deceased being unbearable of the cruelty meted out to her by the accused committed suicide by jumping into a tank at her native village i.e. the village of the complainant. Thus the accused have committed the aforementioned offences.

3. Learned counsel for the petitioner contends, the allegation in the first information reveals that it is the first accused who was insisting the complainant to make the property that falls to the share of his wife in his name. It further reveals, it is the first accused who had gone to the house of 4

the complainant about two days prior to the occurrence i.e. on 14.9.2013 and had insisted the complainant to register the property that falls to the share of his wife to his name. Two days thereafter the deceased has committed suicide by jumping into a tank at her native place i..e the place of the complainant. Therefore, having regard to the allegation made in the complaint, it cannot be said that this petitioner had any hand in demanding the property from the complainant to be made in the name of her son and coupled with the fact as she is aged about 58 years, she be granted the relief by taking into consideration the proviso provided to Section 437 of Cr.P.C.

4. The application filed by the petitioner is opposed by the State.

5. Having regard to the allegations made in the compliant, as it reveals that it is A.1 who is the 5

son of this petitioner was insisting the complainant to register the property in his name that falls to the share of his wife and as the deceased has committed suicide two days later at her native place and further taking into account that the petitioner is a lady and aged 58 years, in the circumstances, I do not find any justification to decline the request of the petitioner. Accordingly, I proceed to pass the following:

ORDER

Criminal petition is allowed.

The petitioner in the event of her arrest in Crime No.153/2013 on the file of the respondent – police, they are directed to release her on bail on her executing a personal bond in a sum of Rs.30,000/- with one surety for the likesum to their satisfaction, subject to the following conditions:- 6

1. She shall appear before the respondent/police on or before 30.01.2014 for the purposes of her arrest and release.

2. She shall not tamper with the prosecution witnesses.

3. She shall make herself available to the Investigating Agency as and when required for the purposes of investigation. Sd/-

JUDGE

SA

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