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Smt. Rekha Prabhu vs The State Of Karnataka on 23 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5376 OF 2018

BETWEEN

Smt. Rekha Prabhu,
W/o. Rama Sundar Prabhu,
Aged about 57 years,
R/o. Kalabyle Road,
Opp. Government Hospital,
Kalasa Town, Mudigere,
Chikkamagaluru District -577132.
…Petitioner
(By Sri. A.H.Bhagavan, Advocate)

AND

The State of Karnataka
By Kalasa Police Station
Represented by
State Public Prosecutor,
High Court of Karnataka
Bengaluru-560001.
…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 her arrest in Crime No.64/2018, of Kalasa Police
Station, Chikkamagaluru District, for the offence
punishable under Sections 498A and 304B read with 34 of
IPC.
2

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

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

petitioner is accused No.2 in Cr.No.64/2018 registered by

the respondent police for the offences punishable under

Sections 498A, 403B read with Section 34 of IPC.

2. Heard the petitioner’s counsel and the High Court

Government Pleader.

3. A complaint was made by one Shrikanth Prabhu.

His complaint shows that the marriage of his sister

Jayalakshmi took place with one Rajesh Prabhu i.e., the

accused No.1 on 28.11.2013 at Karkala. It appears that

Rajesh Prabhu did not have permanent employment and

there used to take place quarrel between Rajesh Prabhu

and his mother on one side; and Jayalakshmi on other

side. On 21.06.2018 at about 6.45 p.m. one Mahaveer

Prabhu telephoned to the complainant’s brother Vasantha
3

Prabhu and told him that a quarrel was going on between

Rajesh Prabhu and Jayalakshmi. Later on they came to

know that Jayalakshmi had committed suicide by hanging

herself.

4. Bare reading of the complaint shows that there

was no demand for dowry and therefore registering the

complaint for the offence under Section 304B IPC appears

to be not correct. Though there are some allegations

against the petitioner who happens to be the mother of

Rajesh Prabhu, on the day when the actual incident took

plce, she was not in the house. The actual quarrel was

between Rajesh Prabhu and the deceased.

5. Viewed from this angle, the allegations made

against the petitioner need to be thoroughly investigated.

Moreover the petitioner is a woman. Her presence for

investigation can be secured. Hence anticipatory bail can

be granted. Therefore the following:

ORDER

i. Petition is allowed.

4

ii. In the event of petitioner being arrested by
the respondent/police, in connection with
Crime No.64/2018 registered by Kalasa
Police Station, Chikkamagalur District, he
shall be released on bail, on obtaining from
him a bond for Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the
likesum to the satisfaction of the
Investigating Officer.

iii. Till investigation is completed, the
petitioner shall appear before the
respondent police station once in a
fortnight preferably on a Sunday between
9.00 a.m. and 12.00 noon.

iv. The petitioner shall appear before the
investigation officer as and when her
presence is required for the purpose of
investigation.

v. The petitioner shall not threaten the
witnesses and destroy the evidence in
whatsoever manner.

Sd/-

JUDGE
sd

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