IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY 2018
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.4512/2018
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.)
STATE OF KARNATAKA
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:-
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.
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:
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
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.