IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7575/2019 BETWEEN:
1. LEELA KUMARA.H S/O. LATE K.HANUMANTHAPPA AGED ABOUT 45 YEARS R/AT: BANASHANKARI NILAYA TRIMURTHY NAGARA SHIVAMOGGA-577 204.
2. MEENAKSHAMMA W/O. LATE: K. HANUMANTHAPPA AGED ABOUT 75 YEARS R/AT: BANASHANKARI NILAYA TRIMURTHY NAGARA SHIVAMOGGA-577 204. ...PETITIONERS (BY SRI: B. LETHIF, ADV.,) AND:
THE STATE OF KARNATAKA BY VINOBANAGARA POLICE STATION SHIVAMOGGA DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE-560 001.
...RESPONDENT (BY SRI: ROHIT B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.151/2019 OF VINOBANAGARA P.S., SHIVAMOGGA FOR THE OFFENCE 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 for the petitioners and the learned HCGP for respondent-State. Perused the records.
2. The petitioner No.1 is the husband of one Smt.Sheela, daughter of the complainant by name Parameshwarappa. Petitioner and his wife were residing together after the marriage in their house situated at Navule village in Shivamogga.
3. The allegations are that after the marriage, the accused persons have been ill iterating and harassing in demand of further dowry etc. In this context, there was some compromise and the petitioner No.1 took back his deceased wife to his house to look after her with all love and affection. On the previous day of the incident, the mother of the victim had been to the house of the accused. Then accused No.1 told that he will not send his wife to her parental house. Then the deceased told her mother that after informing her brother-in-law, she would go to her parental house. On the next day, the parents received the information and come to the house of the accused and found the dead body of the deceased in the house who had committed suicide by hanging herself. There is no specific allegations so far as against accused No.2 is concerned. She being the lady and the offence is not punishable with death or imprisonment for life. Petitioner No.2 is entitled to be enlarged on anticipatory bail. However, the husband was in the house along with the deceased, has to give explanation as to how the deceased in her own house hanged herself. Therefore, in my opinion, petitioner No.1 is not entitled for anticipatory bail.
Hence, I proceed to pass the following:
ORDER Petition is partly allowed.
Petition is dismissed so far as the petitioner No.1 is concerned.
In so far as petitioner No.2 is concerned, petition is allowed. Consequently, the petitioner No.2 shall be released on bail in the event of her arrest in connection with Crime no.151/2019 of Vinobanagara, Shivamogga District for the alleged offence subject to the following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and (each of them shall) execute (their respective) personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week i.e, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE SSD