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Judgments of Supreme Court of India and High Courts

Smt Vanitha vs The State Of Karnataka on 10 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4683 OF 2018

BETWEEN:

1. SMT VANITHA
W/O RAGHUNATHA,
AGED ABOUT 37 YEARS,
R/AT KAJE HOUSE,
MELLANTHABETTU VILLAGE,
BELTHANGADY-574214

2. SRI RAGHUNATHA
S/O SHEENA SHETTY,
AGED ABOUT 45 YEARS,
R/AT KAJE HOUSE,
MELLANTHABETTU VILLAGE,
BELTHANGADY-574214.

… PETITIONERS

(BY SRI: ARUNA SHYAM M, ADVOCATE)

AND

THE STATE OF KARNATAKA
THROUGH MOODABIDRE POLICE STATION,
DAKSHINA DISTRICT,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
2

HIGH COURT OF KARNATAKA,
BANGALORE-560001.
… RESPONDENT

(BY SRI: K.NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.186/2018 OF MOODABIDRE POLICE STATION,
MANGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498(A),323 AND 306 R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

This petition is filed under section 438 of Cr.P.C. for grant

of anticipatory bail in Crime No.186/2018 registered for the

offences punishable under sections 498A, 323, 306 and 34 of

IPC.

2. Heard the learned counsel for the petitioners and the

learned HCGP. Learned HCGP has not filed any statement of

objections, but has orally opposed the petition.

3. FIR has been registered based on the complaint

lodged by one Rajaram Shetty alleging that his sister – the
3

deceased had married accused No.2. At the time of marriage,

dowry was paid. However, she was subjected to ill-treatment

and harassment in the matrimonial home. It is specifically

alleged that on account of the physical and mental harassment

caused to the deceased, she jumped into the well in between

8.20 p.m. to 8.30 p.m. on 24.04.2018.

4. There are no specific allegations against any of the

petitioners which amount to abetment or instigation driving the

deceased to commit suicide. No doubt, the allegations made

against the petitioners require to be investigated, but the

custodial interrogation of the petitioners may not be necessary

for the said purpose.

5. Hence, the following order:-

Criminal petition is allowed. The petitioners are directed

to appear before the Investigating Officer within 15 days from

the date of this order and on their appearance, the Investigating

Officer shall interrogate the petitioners and shall enlarge them

on bail on the same day subject to the following conditions:-
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a. The petitioners shall furnish a bond in a sum
of Rs.1.00 lakh (Rupees One lakh only) each
with one surety each for the likesum to the
satisfaction of the Investigating Officer;

b. The petitioners shall appear before the
Investigating Officer as and when required;

c. The petitioners shall co-operate in the
investigation;

d. The petitioners shall not threaten or allure the
prosecution witnesses; and

e. The petitioners shall mark their attendance in
Moodabidre Police Station on the 15th of every
month until submission of the charge-sheet.

Sd/-

JUDGE

Bss

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