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Smt Shanthamma vs The State Of Karnataka on 10 June, 2019

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
6

for 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/-

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