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Smt Vasanthamma vs The State Of Karnataka By on 19 February, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.6841/2018
BETWEEN:
Smt. Vasanthamma,
W/o Thirthalingappa,
Aged about 62 years,
Agriculturist,
R/o Belagutti Village,
Nyamathi Taluk,
Davanagere-577 223 … Petitioner
(By Sri. M.S. Shyam Sundar, Advocate for
Sri. Prasanna Kumar S, Advocate)

AND:
The State of Karnataka by
Nyamathi Police.
Rep. by Special Public Prosecutor
High Court of Karnataka
At Bengaluru-560 001. …Respondent
(By Sri. K.P.Yoganna, HCGP)

This Criminal Petition is filed under Section 438 of the
Code of the Criminal Procedure Code praying to enlarge the
petitioner on bail in the event of her arrest in
CR.NO.132/2018 of Nyamathi Police Station, Davanagere for
the offences punishable under Sections 498A, 307, 304B,
302, 201, 506 read with Section 34 of IPC and Sections 3, 4
of D.P.Act.
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This Criminal Petition coming on for Orders, this day,
the Court made the following:

ORDER

The present petition has been filed by the

petitioner-accused No.2 under Section 438 of Cr.P.C. to

release her on anticipatory bail in Crime No.132/2018

of Nyamathi Police Station for the offences punishable

under Sections 498A, 307, 304B, 302, 201, 506 read

with Section 34 of IPC and Sections 3, 4 of Dowry

Prohibition Act, 1961.

2. I have heard Sri. M.S.Shyam Sundar,

learned senior counsel for the petitioner and the learned

High Court Government Pleader for respondent-State.

3. It is the submission of the learned counsel

for the petitioner that already accused No.1-husband of

the deceased has been released on bail in Criminal

Petition No.6842/2018 vide order dated 20/12/2018.

On the ground of parity, petitioner-accused No.2 is also
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entitled to be released on bail. He further submitted

that the father of the deceased filed a complaint

belatedly and there was no cruelty as alleged and the

village elders, who are the charge sheet witnesses held a

negotiation to settle the matter and the complaint was

not filed at that time. It is his further submission that

the petitioner-accused No.2 is ready to abide by any

conditions imposed on her by this Court and ready to

offer sureties. On these grounds, he prayed to allow the

petition and to release the petitioner on anticipatory

bail.

4. Per contra, learned High Court Government

Pleader vehemently argued and submitted that

deceased-Sudha has committed suicide in her

matrimonial home because of the ill-treatment and

harassment by the petitioner and other accused person.

There is clear-cut evidence to show that the petitioner

was demanding dowry and she used to ill-treat and
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harass the deceased. As a result of the same, the

deceased has committed suicide. There is a

presumption under the law, if the death is caused

within seven years of marriage, it is called as dowry

death. On these grounds, he prayed to dismiss the

petition.

5. I have carefully and cautiously gone through

the submissions made by the learned counsel appearing

for the parties and perused the records.

6. Admittedly, this Court, after considering the

case on merits has allowed the petition filed by accused

No.1 in Criminal Petition No.6842/2018, dated

20/12/2018 and therein it has been observed that the

village elders, who are the charge sheet witnesses held a

negotiation to settle the matter and later complaint has

been filed. The accused No.1 beat the victim on

10.06.2018, after that incident victim came back to the

house of the complainant and the deceased returned to
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her matrimonial home on her own. If really, she was

ill-treated and harassed as contended in the complaint,

definitely she ought not to have gone on her own to the

matrimonial home. Prima-facie on looking into the facts

and circumstances, without expressing anything on

merit, I feel that the petitioner-accused No.2 is entitled

to be released on anticipatory bail on the ground of

parity by imposing stringent conditions, it would meet

the ends of justice.

7. In the light of the discussion held by me

above, the petition is allowed and the petitioner-accused

No.2 is ordered to be released on anticipatory bail in

Crime No.132/2018 of Nyamathi Police Station for the

offences punishable under Sections 498A, 307, 304B,

302, 201, 506 read with Section 34 of IPC and Sections

3, 4 of Dowry Prohibition Act, 1961, subject to following

conditions:

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1. Petitioner/accused No.2 shall execute a personal
bond for a sum of Rs.2,00,000/-(Rupees Two
lakhs only) with two sureties for the likesum to the
satisfaction of the Investigating Officer.

2. She shall not tamper with the prosecution
evidence directly or indirectly.

3. She shall surrender before the Investigating
Officer within 15 days from today and regularly
attend the trial.

4. She shall not leave the jurisdiction of the Court
without prior permission.

Sd/-

JUDGE

SMJ

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