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Judgments of Supreme Court of India and High Courts

Smt Kanthamma vs The State Of Karnataka on 31 January, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF JANUARY 2018

BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL.R.B.

CRL. P. NO.315/2018

BETWEEN

SMT. KANTHAMMA
W/O RAMANJINAPPA,
AGED ABOUT 42 YEARS,
R/O BANADAPALYA VILLAGE,
HEBBUR HOBLI,
TUMAKURU TALUK
TUMAKURU DISTRICT-572120. … PETITIONER

(BY SRI. RAHUL RAI K, ADV.)

AND

THE STATE OF KARNATAKA
THROUGH WOMEN
POLICE STATION, TUMAKURU
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001. … RESPONDENT

(BY SRI. CHETAN DESAI, HCGP)

THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.99/2016 OF
WOMEN P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S
498A,302,114,341 R/W 149 OF IPC.
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THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE
COURT MADE THE FOLLOWING:

ORDER

This is the petition filed by the petitioner-Accused No.4

under Section 439 of the Criminal Procedure Code seeking to

release the petitioner on bail for the alleged offences

punishable under Sections 498(A) and 307 read with Section

34 of the Indian Penal Code registered in respondent police

station in Crime No.99/2016. Subsequently, after the death

of the injured the offence under Section 302 of Indian Penal

Code also came to be inserted as per the requisition made by

the police.

2. One B. Somashekar is the complainant. The

deceased Shanthamma is his younger sister. About 14 years

ago his sister given in marriage to accused No.1. Since then

she was residing in the matrimonial house. There was a

dispute started between the husband and wife and the family
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members convened several panchayats also. On 26.12.2016

between 8:30 am to 9:00 pm son of his sister Rudresh

informed him over the phone stating that accused No.1 and

his family members with an intention of killing his sister had

assaulted her, poured kerosene and lit fire on her. On

receiving the said information immediately the complainant

approached the Govt. Hospital, Tumkur. There was about

90% burn injury and on the advice of the doctors, she was

taken to Victoria Hospital at Bangalore wherein she expired.

On the basis of the said complaint, firstly FIR came to be

registered for the offences under Section 498A and 307 of the

Indian Penal Code. After her death, offence under Section

302 of Indian Penal Code also included in the said case.

3. Heard the arguments of the learned counsel for

the petitioner-accused No.4 and also the learned High Court

Government Pleader for the respondent-State.
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4. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials produced in the

case. Earlier the present petitioner applied for bail along with

other accused persons in Crl.P. No.1488/2017 seeking

anticipatory bail. This court by its order dated 19.04.2017

rejected the bail petition and subsequently accused No.1

applied for bail under Section 439 of Criminal Procedure

Code. This court considering the merits of the case by its

order dated 16.08.2017 passed in Crl.P. No.5245/2017

allowed the bail petition and granted bail to accused No.1. I

have perused the said order also.

5. Looking to the materials placed on record and as

contended by the present petitioner in the bail petition, she

denied the entire case of the prosecution contending that

there is a false implication of the petitioner. Now the

investigation is completed and charge sheet is also filed. She

is a woman, she is ready to abide by any condition that may

be imposed by this court. It is also his submission that
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accused No.5 also applied for bail in Crl.P. No.314/2018 and

this court allowed the said petition of accused No.5 also and

granted bail to accused No.5. Perusing the orders of this

court in respect of accused No.1 and 5 and also the

contention raised by the petitioner-accused in the bail

petition and as investigation is completed and charge sheet is

also filed, she is a woman of 42 years by imposing reasonable

condition she can be admitted to regular bail subject to the

following conditions.

Hence, petition is allowed. The petitioner-accused No.4

is ordered to be released on bail, subject to the following

conditions:

i) Petitioner has to execute a personal bond for
Rs.1,00,000/- [Rupees One Lakh only] and
has to furnish one solvent 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.

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iii) Petitioner has to appear before the
concerned Court regularly.

Sd/-

JUDGE

CT-HR
Chs*

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