IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1086 OF 2017 BETWEEN:
B.R.Gowramma, W/o late S. Yathirajappa, Aged about 65 years, Occ: Household Work, R/o Ramapura Post, Molalmuru Taluka, R/o Hunasekatte Village, Chitradurga District – 577 535.
(By Sri. Dinesh Kumar K Rao, for Sri. Ravindra B Deshpande, Advocates) AND:
The State of Karnataka, By Chitradurga Town Police Station, Chitradurga District – 577 501.
(By Sri. S. Vishwamurthy, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.240/2016 of Chitraduraga Town P.S., Chitradurga District for the offences P/U/S 498A, 304B, 114 r/w 34 of IPC and Section 4 of D.P. Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER Heard Sri. Dinesh Kumar, learned counsel for the petitioner and Sri. Vishwamurthy, learned HCGP for the respondent – State.
2. The petitioner (Accused No. 2 ) along with accused No.1 is charge sheeted by the respondent police in respect of offence punishable under Sections 498A, 304B, 114 read with Section 34 of IPC and Section 4 of D.P. Act, in their Crime No.240/2016.
3. The deceased is the wife of the first accused. The allegation is first and second accused / petitioner had extra marital relationship inter-se: at the instigation of this petitioner, accused No.1 tortured his wife physically and mentally and demanded her to get Rs.One Lakh from her bother. The petitioner also joined first accused in torturing the deceased, that lead the deceased to commit suicide by hanging herself in the matrimonial home on the night of 12.04.2016.
4. Learned counsel for the petitioner submits that at no pint of time petitioner was called upon by the IO for the purpose of interrogation. After coming to know that a complaint is registered against her, she approached this court and now the charge sheet is filed during the pendency of this petition.
5. Perused charge sheet papers.
6. The entire case of the prosecution rests on the circumstantial evidence. The petitioner is aged 65 years. Investigation since completed, having regard to the definite role attributed to this petitioner in the alleged offences, there is no impediment to allow the petition. Petition is allowed. Petitioner is granted anticipatory bail for a period of three months. Within the above period she shall surrender before the concerned court and move for regular bail. Till disposal of her bail petition, this order shall be in force.
In the event of her arrest by the respondent IO within the above period, she shall be released on bail on executing a self bond for a sum of Rs.1,00,000/- (One Lakh Rupees only) with one surety for the likesum to the satisfaction of the concerned IO.
Sd/- JUDGE Bsv