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Sri. Sp Venkateshappa vs State Of Karnataka on 7 February, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07TH DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.9316/2018

BETWEEN:
1. Sri. S.P.Venkateshappa,
S/o Late Pillappa,
Aged about 80 years,

2. Smt. Lakshmamma,
W/o S.P.Venkateshappa,
Aged about 72 years,

Petitoners No.1 and 2 are residing at:
Sugatur village and Hobli
Taluk and District : Kolar – 563 101.

3. Smt. Gopamma,
W/o. Krishnamurthy @ Kittappa,
D/o S.P.Venkateshappa,
Aged about 50 years,
R/o.Venugopalpura Village,
Kasaba Hobli, Bangarpet Taluk,
Kolar District – 563 114.
…Petitioners
(By Sri. Veeranna G. Tigadi, Advocate)

AND:

State of Karnataka,
Represented by Sub-Inspector of Police,
Kolar Rural Police Station,
Represented by State Public Prosecutor,
2

High Court of Karnataka,
Bengaluru – 560 001. …Respondent

(By Sri. I.S. Pramod Chandra, SPP-II)

This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioners on bail in the
Cr.No.497/2018 of Kolar Rural Police Station, Kolar for the
offence punishable under Section 498A, 306 and 109 read
with Section 34 of IPC.

This Criminal petition coming on for Orders, this day,
the Court made the following:

ORDER

Petitioners are accused Nos.2, 3 and 4 in Crime

No.497/2018 registered for the offences punishable under

Sections 498A, 306, 109 r/w 34 of IPC.

2. The complaint is lodged by the brother of the

victim alleging that his sister was married to accused No.1

on 24.08.2008. She had begotten a child now aged about 9

years. At the time of marriage, Rs.2,00,000/- cash and gold

were given as dowry. After the marriage, she was

subjected to ill-treatment in the matrimonial house. Being

unable to bear the cruelty, she committed suicide by

hanging herself in the matrimonial house.
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3. Petitioner No.1 is the father-in-law, petitioner

No.2 is the mother-in-law and petitioner no.3 is the sister-

in-law of the deceased. The allegations are directed mainly

against accused No.1, who is in custody from the date of

the offence. Investigation is already completed. Having

regard to the nature of the allegations made against the

petitioners and having regard to the nature of the offences,

in my view, custodial interrogation of the petitioners is not

necessary for the purpose of investigation. In that view of

the matter, petition deserves to the allowed.

4. Accordingly, petition is allowed. Petitioners are

directed to appear before the Investigating Officer within

10 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:-

a. The petitioners shall furnish a bond in a
sum of Rs.1.00 lakh (Rupees One lakh
only) with two sureties each for the
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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 Kolar Rural Police Station, Kolar, on the
15th of every month until submission of
the final report.

Sd/-

JUDGE

SV/-

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