IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2019
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.3794/2019
Between:
1. Smt.Suvarnamma,
W/o.K.O.Basavarajappa,
Aged about 46 years,
R/at Bukkambudi Village and Post,
Shivani Hobli, Tarikere Taluk,
Chikmagalur District-577 549.
2. Mr.Bhuvaneshwara @ Bhuvanesha,
S/o.K.O.Basavarajappa,
Aged about 24 years,
R/at Bukkambudi Village and Post,
Shivani Hobli, Tarikere Taluk,
Chikmagalur
District-577 549. … Petitioners
(By Sri.Kashinath.J.D, Advocate)
And:
State of Karnataka,
By Ajjampura Police,
Chikkamagaluru,
Rep. by SPP,
High Court of Karnataka,
Bengaluru-560 001. … Respondent
(By Sri.S.Rachaiah, HCGP)
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This criminal petition is filed u/s.438 of SectionCr.P.C
praying to enlarge the petitioners on bail in the event of their
arrest in Cr.No.90/2019 of Ajjampura P.S., Chikkamagaluru
District for the offence p/u/s 498A, 304B, 302 r/w 34 of
SectionIPC.
This criminal petition coming on for Orders, this day,
the Court made the following:
ORDER
The petitioners are seeking to be enlarged on bail
in the event of their arrest with respect to the
proceedings in Crime No.90/2019 for the offences
punishable under Sections 498A, Section304B and Section302 read
with Section 34 of IPC.
2. The case of the prosecution is that the
complaint was lodged by the father of the deceased
stating that accused No.1 had married the deceased
without knowledge of her parents. It is alleged in the
complaint that accused No.1, petitioner No.1 – the
mother-in-law of the deceased and petitioner No.2 – the
brother-in-law of the deceased had administered poison
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and kept her at Gangagondanahalli Temple. It is further
stated that on 19.04.2019, the deceased had requested
her aunt for a sum of Rs.50,000/- in light of the
harassment by the accused. It is stated that
subsequently, accused No.1 is alleged to have assaulted
her and after assaulting the deceased had attempted to
hang her with a plastic rope and as the plastic rope did
not withstand her weight she was hanged by using veil
and accordingly alleged to have committed the offence
between night on 19.04.2019 and morning on
20.04.2019.
3. Learned counsel for the petitioners points
out that the allegations as regards the offence
punishable under Section 302 of Cr.P.C. is only against
accused No.1, who is in custody. As regards other
accused i.e., petitioners herein, the proof of offence as is
sought to be made out is a matter for trial.
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4. Taking note of the nature of imputation
against accused No.1 as regards the offence punishable
under Section 302 of Cr.P.C. and noticing the nature of
allegations against the other accused, proof of which is
a matter to be established in trial, the case is made out
for enlarging the petitioners on bail.
5. It is also to be noted that accused No.1 has
been detained and remains in custody. Hence, no case
is made out for custodial interrogation of the
petitioners. It is further stated that accused No.2 is a
student and accused No.1 is Anganawadi Worker and is
a woman which also is a matter that is taken note of.
6. In the result, the bail petition filed by the
petitioners under Sec. 438 of SectionCr.P.C. is allowed and the
petitioners are enlarged on bail in the event of their
arrest in Crime No.90/2019 for the offences punishable
under Sections 498A, Section304B and Section302 read with Section
34 of IPC, subject to the following conditions:
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(i) The petitioners shall appear in person
before the Investigating Officer in
connection with Crime No.90/2019
within 15 days from today and shall
execute a personal bond for a sum of
`1,00,000/- (Rupees One Lakh only) each
with a surety for the likesum to the
satisfaction of the Investigating Officer.
(ii) The petitioners shall fully co-operate
with the Investigating Officer and shall
not indulge in any criminal activities
henceforth.
(iii) The petitioners shall not tamper with
evidence, influence in any way, any
witness.
(iv) The petitioners shall physically present
themselves and mark their attendance
before the concerned Station House
Officer once in a week between 10.00
a.m. and 5.00 p.m., till filing of the
final report.
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(v) In the event of change of address, the
petitioners to inform the same to the
concerned SHO.
(vi) Any violation of the aforementioned
conditions by the petitioners, shall
result in cancellation of bail.
Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.
Sd/-
JUDGE
KA