1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2018
BEFORE
THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION NO.8384/2018
BETWEEN:
1. SMT. VIJAYAMMA
W/O YASURATHNAM
AGED ABOUT 50 YEARS
R/AT SC COLONY IRASALAGUNDAM
PRAKASAM ANDHRA PRADESH
PIN – 523245
ALSO AT -NO446,
13TH CROSS, 7TH MAIN
RAJENDRANAGAR, KORAMANGALA
BENGALURU CITY.
2. PRABHUDAS
S/O JOKAFA
AGED ABOUT 49 YEARS
R/AT NO 413, 9TH CROSS
7TH MAIN ROAD
RAJENDRANAGAR
BENGALURU SOUTH
BENGALURU- 560047.
3. DANIEL
S/O DAVID,
AGED ABOUT 37 YEARS
2
PRAKASHMA DISTRICT, PODALI TALUKA
K.K. METILU MADAM
YECHALUGODAM GRAMA
TAMIL NADU-514356. :PETITIONERS
(BY SRI K.B.K. SWAMY, ADV.)
AND:
STATE OF KARNATAKA BY
ADUGODI POLICE STATION
BENGALURU CITY
(REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001. :RESPONDENT
( BY SRI K.P. YOGANNA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. 1973 PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST
IN CRIME NO.263/2018 OF ADUGODI POLICE STATION,
BENGALURU CITY FOR THE OFFENCE P/U/S 498A,304B OF
IPC AND SECTION 3 AND 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Heard learned counsel for the petitioners and
learned High Court Government Pleader. Perused the
records.
2. On the basis of the complaint filed by brother
of deceased Smt. Mariamma @ Mary, the respondent
police have registered the case. The allegations are that on
16.10.2017 his sister was married by accused No.1 –
Israel. At the time of marriage, dowry of Rs.40,000/- and
16 grams of gold chain was given to the accused.
Thereafter accused No.1 and other petitioners started
demanding more dowry and harassed his sister. As a
result, on 17.10.2018 in the day time when there was
nobody in the house, she committed suicide by hanging
herself to the ceiling fan at her residential house. The
petitioners are responsible for the suicide committed by
the victim.
3. Counsel for the petitioners submitted that the
petitioners were not residing with the victim and her
4
husband at Bengaluru. Petitioners are all residing at a
different place. The allegations made regarding
harassment are false and baseless. The police officials are
making attempts to arrest the petitioners. In the event of
arrest, the petitioners will be put to hardship.
4. Learned High Court Government Pleader
submitted that petitioners along with accused No.1 have
caused harassment to the victim to get dowry, thereby
they have instigated the victim to commit suicide. As
such, they are not entitled to bail.
5. The documents produced by the counsel for
the petitioners namely Aadhar Cards disclose that the
petitioners are residing at a different place away from the
victim. At this stage no grounds are made out to show
that custodial interrogation of the petitioners is necessary.
The main objection of the prosecution is that in the event
of granting bail, the petitioners are likely to interfere with
the investigation. Said objection may be set right by
imposing stringent conditions.
5
6. Considering the nature of allegations made in
the complaint and the grounds urged, I am of the view
that the petition deserves to be allowed subject to certain
terms and conditions. Accordingly, I proceed to pass the
following:
ORDER
The criminal petition is allowed.
The petitioners are directed to surrender before the
I.O. within ten days from the date of supply of a certified
copy of this bail order. On their appearance the I.O. shall
conduct the interrogation. Thereafter the petitioners shall
be enlarged on bail subject to the following conditions:
(i) The petitioners shall furnish a personal
bond for a sum of Rs.1,00,000/- each,
with two sureties for the like sum to the
satisfaction of the I.O. / Court;
(ii) The petitioners shall appear before the
Investigating Officer as and when
required;
6
(iii) The petitioners shall mark their
attendance twice i.e., on the 15th and
30th day of every month before the
concerned Police Station, till filing of the
charge-sheet;
(iv) The petitioners shall not threaten or
allure the prosecution witnesses.
Sd/-
JUDGE
sac*
