IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2019
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.2704 OF 2019
Between:
Zeenath
S/o Basha
Aged about 70 years,
R/at Keliginakoppalu
Maheshwarinagar
Sakaleshpura Town, Kasaba Hobli,
Sakaleshpura Taluk,
Hassan District – 34.
…Petitioner
(By Sri.Pratheep K.C, Advocate)
And:
The State of Karnataka,
Rep. Sakaleshpura Town Police Station,
Hassan District,
Rep. by its
State Public Prosecutor,
High Court of Karnataka,
Bengaluru – 01
…Respondent
(By Sri.Divakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.30/2019 of Sakaleshpura Town Police Station,
Hassan for the offence punishable under Sections 498A,
Crl.P.2704/2019
2
304B, 302 read with Section 34 of IPC and Sections 3 and
Section4 of Dowry Prohibition Act.
This petition coming on for Orders, this day, the
Court made the following:
ORDER
Heard the learned counsel for the petitioner and
the learned High Court Government Pleader and
perused the materials placed before the Court.
2. The petitioner has sought her enlargement
on bail in Crime No.30/2019 registered by the
respondent police station for the offence punishable
under Sections 498A, Section304B, Section302 read with Section 34
of Indian Penal Code, 1860 (hereinafter for brevity
referred to as the ‘SectionIPC’) and Sections 3 and Section4 of
Dowry Prohibition Act, 1961.
3. Learned counsel for the petitioner in his
arguments submitted that neither the complaint nor
the charge sheet material alleges any overt-act
Crl.P.2704/2019
3
against the present petitioner, who is the mother-in-
law of the deceased. Further, the Post-Mortem Report
also clearly go to show that the Doctor has opined
that death of the deceased was due to asphyxia as a
result of hanging. He submits that in view of medical
opinion, the alleged contention of the complainant
that the deceased was killed by the accused would not
find a base in the charge sheet. He further submits
that the petitioner is age old person of more than 70
years and is suffering from several health problems.
4. Learned High Court Government Pleader in
his arguments submitted that the alleged offence is
heinous in nature and admittedly, the petitioner is the
mother-in-law of the deceased. The prosecution has
placed cogent evidence to prove the alleged guilt. As
such, the petition be rejected.
Crl.P.2704/2019
4
5. From the submission from both side, it is
not in dispute that the present petitioner is the
mother-in-law of the deceased. Accused No.1 is the
husband of the deceased, who is said to be still in
judicial custody. Though, in the complaint, the
complainant at one stage has stated that the
information given to him over the phone about the
death of his sister as a suicide but, in complaint, he
has alleged that the incident was of a murder in
connection with the demand for dowry. Accordingly,
registered the complaint for the offence punishable
under Sections 498A, Section304B, Section302 read with Section 34
of IPC and under Sections 3 and Section4 of Dowry
Prohibition Act, 1961. The police after completing the
investigation have filed charge sheet for the alleged
offences. At this stage, it cannot be ignored of the
Autopsy Report, a copy of which is produced by
learned counsel for the petitioner for perusal by this
Crl.P.2704/2019
5
Court that the Doctor has opined that the death of the
deceased was due to asphyxia as a result of hanging.
Further, he has kept his final opinion pending receipt
of chemical analysis report. Thus, the argument of
learned counsel for the petitioner that the medical
evidence would not raise its finger against the present
petitioner could not be totally disbelieved. However,
the entire truthfulness of the prosecution case can be
ascertained only after full fledged trial. Still, for the
time being it can be said that considering the nature
of allegations made against the petitioner by the
charge sheet witnesses, at this stage, by imposing
stringent conditions, the present petitioner be
enlarged on bail. Accordingly, I proceed to pass the
following:
ORDER
The petition is allowed. The petitioner be
enlarged on bail in Crime No.30 of 2019 of
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6
Sakaleshpura Police Station, Hassan District, subject
to the following conditions:
i) That the petitioner shall execute a personal
bond of `1,00,000/- (Rupees One Lakh
only) with two sureties, with proof of their
address and to the satisfaction of the
enlarging Court.
ii) The petitioner to give in writing about the
change in her address, if any, to the
Investigating Officer as and when such
change occurs and obtain
acknowledgement in that regard.
iii) She shall appear before the Court on all the
dates of hearing.
iv) She shall not tamper the prosecution
witnesses and documents.
Sd/-
JUDGE
dn/-