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Judgments of Supreme Court of India and High Courts

Smt. Narayanamma vs State Of Karnataka on 28 February, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF FEBRUARY, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.1270/2018
BETWEEN:

1. Smt. Narayanamma,
W/o late Ramaiah,
Aged about 76 years,

2. Smt. Radhamma,
W/o Lakshmanna,
Aged about 37 years,

3. Smt. Lakshmamma,
W/o late Krishnappa,
Aged about 39 years,

All are R/at Kuthaganahalli,
Sarjapura Hobli,
Anekal Taluk,
Bangalore District,
Pin-562106. … Petitioners

(By Sri. Siddamallappa P.M., Advocate)

AND:

State of Karnataka,
Sarjapura Police,
Anekal Taluk,
2

Represented by SPP,
High Court Building,
Bengaluru -560 001 … Respondent

(By Sri S. Vishwa Murthy, HCGP)

This Criminal Petition is filed under section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the
event of their arrest in Crime No.5/2018 of Sarjapura
Police Station, Bengaluru District for the offence
punishable under Sections 498A, 306 read with Section 34
of IPC.
This criminal petition coming on for orders this day,
the Court made the following:

ORDER

Heard the learned counsel for the petitioners and the

learned HCGP for respondent-State.

2. This is a petition under Section 438 of Cr.P.C.

The respondent police has registered a complaint against

these petitioners and the husband of the deceased in

Cr.No.5/2018 for the offences punishable under Sections

306, 498-A read with Section 34 of IPC. The complaint

was made by the brother of the deceased. From the

complaint, it can be made out that the marriage between

the deceased and her husband was solemnized 13 years
3

ago. These petitioners and the husband of the deceased

used to harass the deceased physically and mentally. On

07.01.2018, the deceased made a telephone call to her

parents house and told about the harassment on her on

that day. On 08.01.2018, at about 11.15 am, the

complainant received another telephone call and came to

know that his sister had committed suicide by hanging

herself.

3. No doubt there are allegations against these

petitioners that they were harassing the deceased. But the

marriage had taken place about 13 years ago. The

allegations made against them is a matter of investigation.

The petitioners are women. Therefore, I am of the opinion

that pending investigation, they can be released on

anticipatory bail. Consequently, the following:

ORDER

Petition is allowed.

4

In the event of arrest of these petitioners by the
respondent police in connection with the
Cr.No.5/2018, they shall be released on bail on each
of them executing bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) and providing a surety
for the like sum. These petitioners are subjected to
the following conditions:

i. They shall not leave the jurisdiction of the
trial Court till investigation is over;

ii. They shall co-operate with the investigating
officer for the purpose of investigation;

iii. Till the investigation is over, they shall mark
their attendance before the jurisdiction
police once in a fortnight i.e., on Sunday in
between 9.00 am and 12.00 noon.

Sd/-

JUDGE
JS/-

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