IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7379/2017 BETWEEN:
1. KARIBASAMMA W/O LATE HANUMANTHAPPA AGED ABOUT 50 YEARS OCC: COOLIE RESIDING AT NO.806, BUDAL ROAD 2ND CROSS, SMK NAGARA DAVANAGERE CITY DAVANAGERE DISTRICT – 577 004.
2. BABY W/O LAKSHAMANA AGED ABOUT 22 YEARS OCC: COOLIE 3. LAKSHAMANA S/O MALKAPPA AGED ABOUT 28 YEARS PETITIONER NOS.2 AND 3 ARE RESIDING AT NO.805, BUDAL ROAD, 2ND CROSS SMK NAGARA DAVANAGERE CITY DAVANAGERE DISTRICT – 577 004. …PETITIONERS (BY SRI RUDRAPPA P., ADV.) AND:
THE STATE OF KARNATAKA BY DAVANAGERE WOMEN POLICE STATION P.J.EXTENSION DAVANAGERE DISTRICT – 577 002. ...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 CR.NO.129/2017 OF WOMEN P.S., DAVANAGERE DISTRICT FOR THE OFFENCES P/U/S 498A, 306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners apprehend arrest by the respondent-police in their Cr.No.129/2017 registered in respect of the offences under sections 498-A, 306 r/w section 34 of IPC.
3. The allegation of the prosecution is, the 1st accused Prashantha, Son of the 1st petitioner, brother of the 2nd petitioner and brother-in-law of the 3rd petitioner herein, was married to deceased Sushma during June 2016 after they had an affair for some time. One month after the marriage, the accused persons harassed the deceased for money. She was not allowed to meet her family members and was not provided food. The 1st accused used to suspect her and incited her to die so that he can marry again. The 1st petitioner did not allow the deceased to cohabit with the 1st accused etc. Agonized by the same, the deceased committed suicide in the matrimonial home by hanging on the night of 10.8.2017.
4. Perused the case diary. The allegation against these petitioners are omnibus in nature. The petitioners 2 and 3 are said to be residing separately.
5. Having regard to the nature of the allegation, the petition is allowed. Petitioners are granted anticipatory bail in Cr.No.129/2017 registered by the respondent-police. In the event of their arrest by the respondent-Investigating Officer, they shall be released on bail on each of them executing a self bond for Rs.1 lakh with one surety for the likesum. They shall co-operate with the Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE