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Smt. Tabassum W/O Jafarsab Shaik vs The State Of Karnataka on 4 October, 2018

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 4 T H DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No. 101393 OF 2018

BETWEEN:

SMT. TABASSUM W/O JAFARSAB SHAIK
AGE: 35 YEARS, OCC: HOUSEWIFE,
R/O: S.M. KRISHNA NAGAR,
2ND CROSS, H.NO.1278 OLD
HUBBALLI, DIST: DHARWAD.
… PETITIONER
(BY SRI.VIJAY M. MALALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
BY KASABAPET P.S.,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
… RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF THE CODE OF CRIMINAL PROCEDURE, 1973
PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON
REGULAR BAIL IN KASABAPET POLICE STATION CRIME
NO.24/2018 NOW AT C.C.NO.648/2018 FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 304B, 498A OF IPC AND
SECTIONS 3 AND 4 OF D.P. ACT, ON THE FILE OF JMFC-III
COURT, HUBBALLI, DISTRICT DHARWAD.
Crl.P.No.101393 OF 2018

:2:

THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

ORDER

Petitioner is accused No.3 in Crime No.24/2018

of Kasab ap et Police Station, Hub balli, which is now

pend ing in C.C.No.648/2018 before the JMFC III

Court, Hubballi. Kasab apet Police have charge

sheeted the p etitioner and seven others in the said

case for the offences punishab le und er Sections

498A and 304B R/w. Section 34 IPC and Sections 3

and 4 of the Dowry Prohibition Act, 1961, on the

basis of the complaint filed by CW1, the mother of

the victim Hazaratab i @ Salma Banu.

2. Accused No.1 is the husb and, accused

No.2 is the mother-in-law, petitioner and accused

No.7 are the sisters-in-law and accused Nos. 4 to 6

are the b rothers-in-law, accused No.8 is the

husb and of present petitioner. The marriag e of

victim Hazaratabi @ Salma Banu and the first

accused was solemnized on 17.05.2017. She

committed suicide on 16.02.2018 at 9.30 am by
Crl.P.No.101393 OF 2018

:3:

hanging herself in the house of the first accused

situated in Ib rahimpur II Cross, Hubballi.

3. It is alleged that the accused in

connection with their unlawful demand subjected

Salma Banu to physical and mental cruelty and

being unab le to bear with she committed suicide.

4. It is alleged that accused Nos. 1 to 4

assaulted the victim on the previous d ay and that

drove her to commit suicide. The post-mortem

report and inquest report do not reveal any external

injuries except the ligature mark/injury.

5. Petitioner is the married sister of the first

accused , who was resid ing with her husb and at a

different place in Hubb alli. Trial Court has g ranted

bail to accused Nos.2, 4 and 5 to 8, ag ainst whom

similar allegations are made.

6. She is in custody since 28.03.2018.

Having reg ard to facts and circumstances, it is fit
Crl.P.No.101393 OF 2018

:4:

case to g rant b ail. Therefore, the petition is

allowed.

7. Petitioner is granted bail in Crime

No.24/2018 of Kasabapet Police Station, Hubb alli,

which is now pending in C.C.No.648/2018 before the

JMFC III Court, Hubb alli. She shall be released on

bail in the said case subject to the following

cond itions:

(i) The petitioner shall execute personal
bond in a sum of Rs.25,000/- and
furnish two sureties in the like-sum to
the satisfaction of the Court for her
appearance;

(ii) She shall appear before the Court
regularly for the purpose of
inquiry/trial.

(iii) She shall not tamper the prosecution

witnesses by threats, inducement or
otherwise.

Sd/-

JUDGE
gab

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