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Judgments of Supreme Court of India and High Courts

Smt Lakshmamma vs State Of Karnataka on 19 July, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.4512/2018

BETWEEN:

SMT. LAKSHMAMMA
W/O LATE ONNKERAPPA
AGED ABOUT 38 YEARS
RESIDING AT NO.57, 1ST MAIN
14TH CROSS, KTJ NAGARA
DAVANAGERE-577 001. … PETITIONER

(BY SRI SIDDAPPA B.M., ADV.)

AND:

STATE OF KARNATAKA
REPRESENTED ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001. …RESPONDENT

(BY SRI CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.71/2018 OF WOMEN P.S.,
DAVANAGERE, FOR THE OFFENCES P/U/S 498A, 302 AND
304(B) READ WITH SECTION 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-
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ORDER

This petition is under Section 438 of Cr.P.C. Petitioner

is accused No.3 in Cr.No.71/2018 registered by the

respondent-Police for the offences punishable under Sections

498A, 302, 304B r/w Section 34 of IPC. Subsequently, the

offence under Section 306 of IPC was also added.

2. Heard the petitioner’s counsel and learned High

Court Government Pleader.

3. The name of the deceased is Bhavani, who was the

wife of accused No.1. Their marriage took place on

08.03.2013. A few days after the marriage, the deceased

Bhavani came to know that her husband had illicit

relationship with the petitioner, who is none other than his

aunt. When the deceased came to know of this fact, the

petitioner started living separately. In the complaint, there

are allegations that accused No.1 and his mother were

demanding for additional dowry. The said Bhavani

committed suicide on 19.05.2018.

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4. If the complaint is read, it can be seen that,

probably deceased might have committed suicide coming to

know that her husband had illicit relationship with his own

aunt. So far as the allegation with regard to demand for

additional dowry is concerned, it is made against accused

Nos.1 and 2.

5. In this view of the matter, anticipatory bail can be

granted to the petitioner. Hence the following:

ORDER

i. Petition is allowed.

ii. In the event of petitioner being arrested by the
respondent/police, in connection with Crime
No.71/2018 registered by Davanagere Women
Police Station, she shall be released on bail,
on obtaining from her a bond for Rs.50,000/-
(Rupees Fifty Thousand only) and one surety
for the likesum to the satisfaction of the
Investigating Officer.

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iii. The petitioner shall appear before the
investigation officer as and when her
appearance is required.

iv. She shall not threaten the witnesses and
destroy the evidence in whatsoever manner.

Sd/-

JUDGE

VM/SSD

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