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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.5695/2019
BETWEEN:
Smt.Siddibai,
S/o Pillunayk
Aged about 45 years
R/at No.03, II Floor, Sarakki Gate
Vivekananda Colony,
Kanakapura Main Road,
Bangalore-560 078.
…Petitioner
(By Sri.K.A.Chandrashekara, Advocate)
AND:
The State of Karnataka,
By the Police of Kumaraswamy
Layout Police Station,
Bangalore-560 078.
Represented by SPP
High Court of Karnataka
Bengaluru-560 001.
…Respondent
(By Sri.Honnappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
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Cr.No.200/2019 of Kumaraswamy Layout Police Station,
Bengaluru City for the offence p/u/s 498A and 304B read
with Section 34 of IPC and Sections 3 and Section4 of Dowry
Prohibition Act.
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard the learned counsel for the petitioner and
learned HCGP for the respondent-State. Perused the
records.
2. The petitioner is arraigned as accused No.2 in
Crime No.200/2019 of Kumaraswamy Layout Police
Station, Bengaluru City for the offence punishable under
Sections 498A and Section304B read with Section 34 of IPC and
Sections 3 and Section4 Dowry Prohibition Act. Petitioner is none
other than the mother of the accused No.1.
3. Brief facts of the case are that a lady by name
Nirmala, daughter of Munilakshmi was given in marriage
to accused No.1 on 26.05.2019 and thereafter, the said
lady came to the matrimonial home. It is alleged that the
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accused No.1 was demanding bullet bike and accused
No.2 was alleging that design of gold articles given at the
time of marriage was not proper and correct. Therefore,
she was complaining to get new design of gold ornaments
etc. It is said that victim was sent to her parental home
during ashadamasa and thereafter, she was also brought
back to the matrimonial home by the accused persons. At
that time there was no allegation against this petitioner.
However, it is alleged that on 08.07.2019, deceased-
Nirmala committed suicide by hanging herself. Afterwards,
it is alleged that due to the ill-treatment and harassment
of the petitioner and accused No.1, the said lady
committed suicide. There are no specific and distinct
allegations made against the petitioner that soon before
her death there was any dowry or other demand as such
made by the petitioner except alleging that the gold
ornaments design was not satisfactory to this lady. In the
above said circumstances, as the petitioner has been
arrested and she has been in judicial custody shows that
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she is no more required for further investigation. She
being the lady regar of Section 437 of Cr.P.C is equally
applicable to her as the offences are not exclusively
punishable either with death of imprisonment for life.
What had happened soon before the death of the
deceased, whether there was any ill-treatment or
harassment which drove the deceased to commit suicide
or not, has to be ascertained during the course of full
dressed trial. At this stage, in my opinion, petitioner-
accused No.2 is entitled to be enlarged on bail. Hence, the
following:
ORDER
The Petition is allowed. Consequently, the petitioner-
accused No.2 shall be released on bail in connection with
Crime No.200/2019 of Kumaraswamy Layout Police
Station registered for the offence punishable under
Sections 498A and Section304B read with Section 34 of IPC and
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Section 3 and Section4 of Dowry Prohibition Act, 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 one surety for the like-sum to
the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering
the prosecution witnesses.
(iii) The petitioner shall appear before the
jurisdictional court on all the future hearing
dates unless exempted by the court for any
genuine cause.
(iv) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the court till the case registered
against her is disposed of.
Sd/-
JUDGE
SB