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Smt Suvarnamma vs State Of Karnataka on 19 July, 2019

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
3

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:
5

(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

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