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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; andiv. Petitioner shall not threaten or allure the
prosecution witnesses.
Sd/-
JUDGE
ST
