IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF JULY, 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3140/2018
S/o late Shivaraj,
Aged about 28 years.
W/o late Shivaraj,
Aged about 50 years.
Both petitioners are residents
of Shivanna Layout,
Bengaluru – 560 098.
(By Sri.A.N.Radha Krishna, Advocate)
The State of Karnataka by
R.R. Nagar Police,
(By Sri.Vishwa Murthy, HCGP)
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:
The petitioners have sought for an order of
anticipatory bail in Crime No.65/2018 registered for
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
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
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
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
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
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
b. The petitioners shall appear before
the Investigating Officer as and when
c. The petitioners shall cooperate in the
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.