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Smt Sunandamma vs The State Of Karnataka on 27 February, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF FEBRUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.650 OF 2018

BETWEEN:

Smt. Sunandamma,
W/o. Rudramuni,
Aged about 55 years,
Housewife,
R/o. Bank Colony,
Near the house of Ex-MLA Basavanna,
Chitradurga City – 577 501.
… Petitioner
(By Sri.K.N.Jayaprakash, Advocate)

AND

The State of Karnataka,
Malebennur Police Station,
Harihara Taluk,
Davanagere District.
…Respondent
(By Sri. K. Nageshwarappa, HCGP)

This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the event
of her arrest in Crime No.156/2017 of Malebennur Police
Station, Davanagere District, for the offence p/u/s 498A,
306, 304B r/w 34 of IPC and Section 3 and 4 of Dowry
Prohibition Act.
2

This Criminal Petition coming on for Orders this day,
the Court made the following:

ORDER

This petition is under Section 438 of Cr.P.C. The

petitioner is accused No.2 in Crime No.156/2017

registered in respondent-police station. The alleged

offences are 498A, 306, 304(B) r/w 34 of IPC and

Section 3 and 4 of Dowry Prohibition Act.

2. The complaint was made by the father of the

deceased stating that the marriage of the deceased with

the accused No.1 was solemnized on 02.03.2017. At

the time of marriage, dowry was given in the form of

gold and cash. After the marriage, deceased lived in her

husband’s house at Chitradurga and at that time she

was being subjected to harassment both by her

husband and mother-in-law i.e. petitioner herein. There

was a demand for Rupees One lakh. On 22.06.2017 the

complainant brought the deceased to his house and
3

came to know that accused No.1 had relationship with

another girl namely Pavithra. On 03.07.2017 deceased

committed suicide by hanging herself.

3. Learned counsel for the petitioner argues

that the deceased left a death note, which does not

contain allegations for demand of dowry. All that it

states is about relationship between the husband of the

deceased and another girl Pavithra, due to which she

had become frustrated. He also submits that the

investigation is over and statement of the witnesses do

not point to this petitioner that she too was involved in

the commission of offence much less forwarded demand

for dowry.

4. The learned HCGP opposes the grant of

anticipatory bail.

5. After perusing the investigation papers,

especially the alleged death note, it can be said that
4

probably the illicit relationship between accused Nos.1

and 3 could be the reason for the deceased to commit

suicide. If really there was demand for dowry and

consequent harassment on her, the death note would

have contained allegations to that effect. Therefore, I

find probabilities of false implication. Investigation is

complete and charge-sheet has been filed. Added to

this, petitioner is an aged woman and therefore for

these reasons petition can be allowed. Hence, the

following:

ORDER

In the event of arrest of petitioner by the

respondent-police station, in connection with Crime

No.156/2017, she shall to released on bail on obtaining

from her a bond for Rs.50,000/- (Rupees fifty thousand

only) and one surety for the likesum to the satisfaction

of the trial Judge. The petitioner is subjected to the

following conditions:

1) She shall cooperate during investigation.

5

2) She shall regularly appear before the
Court during trial.

3) She shall not threaten the witnesses and
tamper the prosecution evidence.

Sd/-

JUDGE
SV

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