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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
4furnishing 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 officerii. She shall not directly or indirectly threaten
the witnessesiii. She shall regularly appear before the Court
for trial, without fail.
Sd/-
JUDGE
KMV/-