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Judgments of Supreme Court of India and High Courts

Smt. Tabassum vs State Of Karnataka on 24 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.4764/2018

BETWEEN:

Smt. Tabassum
W/o Late Chand Pasha
Aged about 35 years
R/at No.56, 2nd Cross
Near Makkah Masjid
Gangondanahalli
Nayandahalli
Bengaluru – 560 039 … Petitioner

(By Sri Rahamathulla Shariff, Advocate)

AND:

State of Karnataka by
Chandra Layout Police Station
Bengaluru – 560 040

By the Public Prosecutor
High Court building
Bengaluru – 560 001 … Respondent

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
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No.211/2018 of Chandra Layout Police Station, Bengaluru
for the offences punishable under Section 498A and 304B
read with Section 34 of IPC.

This criminal petition coming on for orders this day,
the Court made the following:

ORDER

This is a petition under Section 439 of Cr.P.C. The

petitioner is accused No.2 in Crime No.211/2018

registered by the respondent-police for the offences

punishable under Section 498A and 304B read with Section

34 of IPC.

2. I have heard the petitioner’s counsel and the

learned High Court Government Pleader for respondent-

State.

3. The complaint was made by one Shaheen Taj

on 27.04.2018 disclosing that her daughter Nasreen Taj

was given in marriage to the first accused. The petitioner

is sister of the first accused. There are allegations that at

the time of marriage, the accused demanded dowry and
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after the marriage, they put forward demand for additional

dowry. The wife of the first accused also came to know

that her husband had relationship with another woman and

whenever she used to question her husband, she was

being harassed and ill-treated. On 27.04.2018, the wife

of the first accused committed suicide.

4. It appears that the death of the deceased

occurred within seven years of the marriage. Though

there are allegations of harassing the deceased for dowry,

it appears that investigation is completed. The petitioner

is a woman and therefore, there is no impediment for

granting bail. Accordingly, the following:

ORDER

Petition is allowed.

The petitioner is ordered to be released
on bail in connection with Crime No.211/2018
registered by Chandra Layout Police Station,
subject to her executing a bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) and
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furnishing two sureties for the likesum to the
satisfaction of the concerned Court. The
petitioner is also subjected to following
conditions:

i. She shall not tamper with the evidence
collected by the investigating officer

ii. She shall not directly or indirectly threaten
the witnesses

iii. She shall regularly appear before the Court
for trial, without fail.

Sd/-

JUDGE
KMV/-

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