IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7475/2017 Between:
1. K. Ekanthappa, S/o Late Gurusiddappa, Aged about 66 years, Occ:Agriculture, R/o Gandhinagara Village, Davanagere Taluka, Davanagere District – 577 001.
2. Smt. Nagaratnamma, W/o Ekanthappa, Aged about 55 years, Occ:Household work, R/o Gandhinagara village, Davanagere Taluka, Davanagere District – 577 001.
3. Smt.Siddabasamma, W/o Late Gurusiddappa, Aged about 89 years, Occ: Household work, R/o Gandhinagara village, Davanagere Taluka, Davanagere District – 577 001.
….Petitioners (By Sri Dinesh Kumar Rao K., Advocate) And The State of Karnataka By Davanagere Rural Police Station, Davanagere District – 577 001.
(Represented by SPP., High Court Buildings, Bengaluru – 560 001).
…Respondent (By Sri S. Vishwamurthy, 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.269/2017 of Davanagere Rural P.S., Davanagere District for the offences punishable under Sections 498-A, 302, 304-B, R/w 34 of IPC and Sections 3, 4 of 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 petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners apprehend arrest by the respondent police in their Crime No.269/2017 registered by the respondent police in respect of the offences punishable under Sections 304-B, 498-A, 302 r/w Section 34 of IPC, 1860 and Section 3 and 4 of Dowry Prohibition Act, 1961.
3. The allegation is, the petitioners are the parents and grand mother of first accused – Prakasha who married the deceased Kusuma. The accused were harassing the deceased physically and mentally for dowry. On 19.08.2017, she was found dead in her matrimonial home and there was bleeding in her ear.
4. Learned counsel for the petitioners submits that the second petitioner from 11.08.2017 to 19.08.2017 was at Bengaluru, attending her daughter who had delivered a child on 11.08.2017 at Columbia Asia Hospital, Bengaluru. The Hospital, on request, has given CD of CC TV footage and they have certified that the second petitioner was at the Hospital at the relevant point of time attending her daughter. The third petitioner is a 89 years old lady who is unable to move independently. So far as the first petitioner is concerned, he is also suffering from ailments because of a fracture. The first accused is in judicial custody. Hence, anticipatory bail may be granted for a limited period so that the petitioners can surrender before the concerned Court and participate in the investigation.
5. Having regard to the submission made at the bar, there is no impediment to allow the petition pertaining to the third petitioner Smt.Siddabasamma, since she is old lady aged 89 years. So far as the second petitioner is concerned, it is in the interest of justice to grant anticipatory bail for a limited period, since her absence at the relevant point of time in the alleged place of occurrence shall be considered by concerned Court by examining the material i.e. CD., furnished by the Columbia Asia Hospital. So far as the first petitioner/accused No.2 is concerned at this stage, there is material to infer that, it is not a natural death, in all probability he was present in the house when the victim breathed her last in the matrimonial home. Hence, he is not entitled for anticipatory bail.
Having regard to the facts and circumstances of the case, the petition is allowed in part.
Petitioner Nos.2 and 3 are granted anticipatory bail in Crime No.269/2017 registered by the respondent-Police for a limited period of three weeks.
Within the above period, they shall surrender before the concerned Court and move for regular bail.
Until disposal of the regular bail petition, this order will be in force.
In the event of their arrest by the respondent- Police within the above period, they shall be released on bail on their executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the likesum to the satisfaction of the concerned Court.
The prayer of the second petitioner/accused No.3 shall be considered by the concerned Court on examining the CD furnished by the Columbia Asia Hospital in her favour.
The prayer of the first petitioner – K. Ekanthappa is rejected.
In view of disposal of the main petition, I.A.No.1/2017 does not survive for consideration. Accordingly, I.A.No.1/2017 is disposed of.
Sd/- JUDGE MR