IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2019
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.461/2019
BETWEEN:
Smt. Shanthamma,
W/o. Late Krishnegowda,
Aged about 48 years,
R/at No.28, 2nd Cross,
2nd Main Road, Sanjeevini Nagar,
Hegganahalli,
Bengaluru-560 091. … Petitioner
(By Sri. Srikanth M.P., Advocate)
AND:
The State Of Karnataka,
By Rajagopalanagar Police Station,
Represented by State Public Prosecutor,
High Court Building,
Bengaluru-560 001. … Respondent
(By Sri. K.P.Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of
the Code of the Criminal Procedure Code praying to
enlarge the petitioner on bail in Cr.No.525/2018 of
Rajagopal Nagar Police Station, Bengaluru city for the
offences punishable under Sections 498A, Section304B, Section201
Section2
read with 34 of SectionIPC and Section 3(2) (5) of SC/ST (POA)
Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The petitioner who is arrayed as accused No.2 is
seeking to be enlarged on bail in connection with her
detention with respect to the proceedings in Crime
No.125/2018 for the offences punishable under
Sections 302 and Section201 read with Section 34 of IPC.
Notice to the informant has been served on the son of
CW.5.
2. The case that is made out is that the
deceased was found hanging on 25.09.2018 and was
declared dead. Subsequently, the complaint came to be
filed by the mother of the deceased-Lakshmidevi.
It was stated that their marriage was celebrated on
19.02.2017. It is further stated that before marriage,
there was demand for gold ornaments and cash and
3
that pursuant to such demand, cash and gold
ornaments were given. It is stated that on 25.09.2018,
the husband of the deceased informed the complainant
and her son, that the complainant’s daughter is
admitted to Mallige Hospital. It is stated that
subsequently after the death and on enquiry with the
doctors, the complainant was informed that her
daughter had died as a result of strangulation by
choking her by cloth and by pressing her neck with
hands. The complaint was lodged, FIR is registered,
investigation is completed and charge sheet has been
filed.
3. Learned counsel for the petitioner states that
the petitioner is in custody since 25.09.2018. It is
stated that the evidence of the witnesses including CW.8
and other witnesses would reveal that deceased had
hung herself which was witnessed by CW.8 and others.
The question as to whether demand for dowry has been
4
made and there was harassment by the accused leading
to the deceased committing suicide is a matter for trial.
4. Learned HCGP states that there is an
apprehension that petitioner – accused may tamper
with the witnesses.
5. Taking note of the fact that accused No.1 is
still in custody and the petitioner is a woman, a case is
made out for enlarging the petitioner on bail.
6. The Sessions Court, by its order dated
31.12.2018 had rejected the bail application, despite
observing that the petitioner was suffering from “HIV+”.
It is also noted that mere file of charge sheet could not
in any way to be taken to the change in circumstances
so as to release the petitioner on bail. The fact that the
accused No.2 – petitioner is suffering from “HIV+” is also
a fact to be considered while deciding as to whether the
petitioner is entitled to be released on bail.
5
7. Note is taken of the fact that charge sheet
has been filed after investigation and that the fact as to
whether the deceased was driven to end her life as a
result of role of the petitioner along with the other
accused is a matter to be established in trial. More so,
in the present case, the petitioner is the mother-in-law
of the deceased and whether her acts for demand of
dowry constitute an offence is a matter to be proved
during trial. Further, as regards the other allegation
that the petitioner had burnt a portion of saree fabric
used by the deceased to hang herself is also a matter to
be established in trial.
8. Accordingly, the petition is allowed and the
petitioner is entitled to be released on bail, subject to
the following conditions:
(i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-
(Rupees one Lakh only) with a surety
6for the likesum to the satisfaction of
the concerned court.
(ii) The petitioner not indulge in any
criminal activities henceforth.
(iii) The petitioner shall not tamper with
evidence, and influence any witness.
(iv) Any violation of the aforementioned
conditions by the petitioner shall result
in automatic cancellation of bail.
Sd/-
JUDGE
HA/-
