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Vinay vs The State Of Karnataka on 9 July, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.3140/2018

BETWEEN:

1. Vinay,
S/o late Shivaraj,
Aged about 28 years.

2. Smt.Gayathramma,
W/o late Shivaraj,
Aged about 50 years.

Both petitioners are residents
of Shivanna Layout,
H.V.Halli, R.R.Nagar,
Bengaluru – 560 098.
…Petitioners
(By Sri.A.N.Radha Krishna, Advocate)

AND:

The State of Karnataka by
R.R. Nagar Police,
Bengaluru.
…Respondent
(By Sri.Vishwa Murthy, HCGP)
2

This Criminal petition is filed under Section 438
of Cr.P.C praying to enlarge the petitioners on bail in
the event of their arrest in Crime No.65/2018 of
Rajarajeshwari Nagar Police Station, Bengaluru City
for the offence punishable under
Sections 498A, 306,
324 and 504 of IPC.

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

ORDER

The petitioners have sought for an order of

anticipatory bail in Crime No.65/2018 registered for

the offence punishable under Sections 498A, 306, 324

and 504 of IPC.

2. Petitioner No.1 is the husband and

petitioner No.2 is the mother-in-law of deceased-

Madhushri. She had married accused No.1 in the

month of November, 2016. She was found hanging in

the matrimonial home on the intervening night of

19/20.03.2018. The mother of the deceased lodged a

report alleging that the deceased was subjected to ill
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treatment and harassment in the matrimonial home,

as a result, she was driven to commit suicide.

3. Heard the learned counsel for petitioners

and learned High Court Government Pleader.

4. Learned High Court Government Pleader has

not filed any statement of objections but has orally

opposed the petition.

5. Learned counsel for the petitioners submit

that deceased did not beget any issues and for the

said purpose she was under medication and on

account of the said reason deceased committed

suicide.

6. Learned HCGP submits that in the complaint

there are allegations that the deceased had sustained

bleeding injuries and she was found with bandage

applied to her hands. There are also allegations that
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the deceased had been taken to Hospital for

treatment. All these circumstances lead to an

inference that on account of cruelty and harassment

meted out to her, the deceased committed suicide.

7. Considered the submissions and perused the

complaint and the allegations made therein. The

allegation of cruelty appears to have propped-up only

after the death of the deceased. Even though, it is

stated that the deceased had sustained bleeding

injuries and bandage was applied to her hand, there is

nothing to indicate that the said injuries were inflicted

by the petitioners herein. The post-mortem report

rules out any foul play. The report indicates that the

deceased died due to asphyxia as a result of hanging.

There are no allegations of any dowry demand.

8. Having regard to the above facts and

circumstances and the incident having taken place in
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the matrimonial context, in my view, petitioners are

required to be provided an opportunity to put forth

their explanation before the investigation officer.

Hence, they are required to be admitted to bail.

9. Accordingly, Criminal petition is allowed.

The 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
for Rs.1.00 lakhs(Rupees One lakh
only) each with two sureties each for
the likesum to the satisfaction of the
Investigating Officer;

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

c. The petitioners shall cooperate in the
investigation;

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

e. The petitioners shall mark their
attendance in Rajarajeshwari Nagar
Police Station, Bengaluru on 15th of
every calendar month until
submission of the final report.

Sd/-

JUDGE

dn/-

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