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Smt. Subbamma vs State Of Karnataka on 25 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2894 OF 2018

BETWEEN:

SMT. SUBBAMMA
W/O. VENKATESHAPPA,
R/OF GUMMALAPURA VILLAGE,
KOLAR DISTRICT-563 101 … PETITIONER

(BY SRI V.M. LAKSHMIPATHI, ADV.)

AND:

STATE OF KARNATAKA
BY K.R.PURAM POLICE STATION,
BENGALURU-560 036
REP. BY PUBLIC PROSECUTOR … RESPONDENT

(BY SRI S.VISHWA MURTHY, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.88/2018 OF K.R.PURAM POLICE STATION, BANGALORE
CITY FOR THE OFFENCE P/U/S 498A, 304B, 306 R/W. 34 OF
IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER

This petition is filed under Section 438 of the Code

of Criminal Procedure. The investigation is completed and

charge sheet is laid against the petitioner and other

accused under Sections 498(A), 304(B) and 306 r/w.

Section 34 of Indian Penal Code.

2. Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent – State.

3. Learned High Court Government Pleader has

not filed any statement of objections, but has orally

opposed the petition.

4. Learned counsel for the petitioner has filed a

memo to the effect that accused No.1, the husband of the

deceased is enlarged on bail by the Sessions Court. The

learned counsel further submits that the petitioner herein

is the mother-in-law of the deceased. The only allegation
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against the petitioner is that she along with accused No.1

demanded additional dowry from the deceased, which

prompted her to hang herself in the matrimonial home on

15.02.2018.

5. Having regard to the above circumstance and

investigation itself is completed, in my view, the petition

deserves to be allowed. Hence, the following:

ORDER

i. Criminal Petition is allowed.

ii. Petitioner is directed to appear before the
trial Court within fifteen days from the
date of this order and on her appearance,
the Investigating Officer shall interrogate
the petitioner and shall enlarge her on bail
on the same day by obtaining a bond in a
sum of Rs.1,00,000/- (Rupees one lakh
only) with one surety for the likesum to the
satisfaction of the trial Court;

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iii. Petitioner shall appear before the
Investigating Officer or the Court as and
when required; and

iv. Petitioner shall not threaten or allure the
prosecution witnesses.

Sd/-

JUDGE

ST

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