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Zeenath vs The State Of Karnataka on 21 May, 2019

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
Crl.P.2704/2019
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/-

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