IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7102/2019 BETWEEN:
Smt. Jayamma, Aged about 50 years, W/o Gurupadaswamy, R/at No.360, 9th ‘D’ Cross, E and F Block, Ramakrishna Block, Mysuru-570 22.
…Petitioner (By Sri. P. Nataraju, Advocate) AND:
State of Karnataka By Rajarajeshwari Nagara Police Station, Bengaluru, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001.
... Respondent (By Sri. Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.148/2019 of Rajarejeshwari Nagar Police Station, Bengaluru for the offence punishable under Section 498-A and 304-B read with Section 34 of IPC and Section 3 and 4 of the D.P. Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is accused No.2 in Cr.No.148/2019 of Rajarajeshwari Nagar Police Station, Bengaluru for the offence punishable under Section 498-A and 304-B read with Section 34 of IPC and Sections 3 and 4 of the D.P. Act.
3. The brief facts of the case are that the lady by name Smt. Roopashree was given in marriage to accused No.1-Guru Prasad on 20.05.2019. It is alleged that at the time of marriage, some gold and silver articles were taken by the accused persons in consideration of the marriage. Thereafter, the accused No.1 started ill-treating the deceased in demand of further dowry. Accused No.1 and deceased were residing together at Bengaluru and accused No.1 was working as a software Engineer at Decothlan whereas the deceased was working at Renvin Software. The petitioner and her daughter by name Smt.Nagaveni were instigating the accused No.1 to ill-treat and harass the deceased. In this context, it is alleged that on 06/07- 09.2019 in the night hours, the deceased committed suicide by hanging herself in the house of accused No.1. On the above said allegations, the complaint came to be lodged. Only due to the harassment, the deceased committed suicide on the basis of which the police have investigated the matter.
4. On perusal of the entire allegations, there is no direct nexus between the petitioner and the deceased as They were residing separately. It is only allegations against the petitioner that she instigated accused No.1 to ill-treat and harass the deceased. But what type of ill-treatment was given to the deceased by the petitioner, whether there was any demand by this petitioner soon before the death of the deceased, all these facts have to be thrashed out during the course of full-dressed trial so as to attract the offence punishable under Section 304-B of IPC.
5. Looking to the nature of allegations and facts of the case, as the petitioner has already been arrested and she has been in judicial custody as such, she is no more required for further investigation. Therefore, in my opinion, the petitioner being a lady, is entitled to be enlarged on bail. Therefore, the petition deserves to be allowed. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Cr.No.148/2019 of Rajarajeshwari Nagar Police Station, Bengaluru for the alleged offence subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against her is disposed of.
Sd/- JUDGE JS/-