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Judgments of Supreme Court of India and High Courts

Smt Siddibai vs The State Of Karnataka on 4 September, 2019

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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

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