IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7536/2019 BETWEEN 1. SMT. MUNAVAR JAN W/O. RASHEED SAB AGED 60 YEARS, HOUSE WIFE R/AT. KANNIKAPARAMESHWARI TEMPLE ROAD, MADHUGIRI TOWN, MADHUGIRI TALUK TUMAKURU DISTRICT – 572 127 2. SMT. NOOR W/O. BABU JAN AGED 27 YEARS HOUSE WIFE R/AT. MARAGANAGUNTE BAGEPALLI CHIKKABALLAPURA DISTRICT – 561 207 3. SMT. ZAKIYA W/O. AMANULLA AGED 25 YEARS HOUSE WIFE R/AT. KUMBARA STREET KORATAGERE TOWN KORATAGERE TALUK TUMAKURU DISTRICT – 572 129 4. SMT. ASMA W/O. ATHAULLA AGED 40 YEARS R/AT. KUMBARA PETE BAGEPALLI TOWN CHIKKABALLAPURA DISTRICT – 561 207 ... PETITIONERS (BY SRI. G.S. VENKAT SUBBARAO, ADVOCATE) AND STATE OF KARNATAKA BY MADHUGIRI POLICE – 572 132 TUMAKURU DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.13/2019 OF MADHUGIRI POLICE STATION, TUMAKURU FOR THE OFFENCES P/U/Ss. 302 AND 498-A R/W. 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A2, A5, A6 & A7) and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioners are arraigned as Accused Nos.2, 5, 6 & 7 in Crime No.13/2019 on the file of the respondent-Madhugiri Police Station for the offences punishable under Sections 302, 498-A r/w. 34 of IPC.
3. The brief facts of the case are that, the deceased Jilanibanu was given in marriage to Accused No.1 –Zameer @ Buden, resident of Madhugiri Town.
4. It is alleged that after the marriage about one year later, all the accused persons started ill- treating and harassing the deceased and in spite of some compromises between the parties also, the said ill-treatment was continued in demand of money. It is stated that on 26.1.2019 at about 11.00 a.m., the complainant, who is the mother of the deceased, received an information that the deceased committed suicide by hanging herself in the house of the accused. Immediately, the complainant along with her family members came to the house of the accused and found the dead body of the deceased and thereafter, they lodged a complaint. During the course of investigation, the police have subjected the dead body to post- mortem examination and after securing the FSL report, the Doctor has opined that the death was due to asphyxia as a result of hanging. As could be seen from the case diary, though the police have registered a case for the offences under Sections 498-A and 302 r/w. 34 of IPC and also under Sections 3 & 4 of the Dowry Prohibition Act, after investigation, they have filed charge sheet only for the offence punishable under Sections 498-A and 302 r/w. 34 of IPC.
4. Even accepting the entire case of the prosecution as true, the alleged overt-act of the petitioners may not fall under Section 302 of IPC, but, at the most, it may fall under Section 306 of IPC, which is not punishable either with the sentence of death or life imprisonment. There are no specific allegations made against these petitioners, who are none other than the mother-in-law and Sisters-in-law of the deceased. Only omnibus allegations are made against the petitioners and no specific overt acts have been alleged against them. What are all the allegations made, have to be proved beyond reasonable doubt during the course of full-dressed trial to show to the court that the ill-treatment and harassment alleged to be made, were to such an extent, that was sufficient to drive a woman to commit suicide. It is not that within one or two years of the marriage, the deceased has committed suicide, but, it is after eight years of her marriage, the deceased committed suicide and till that period, the deceased performed her obligation as a wife of Accused No.1 in the house of Accused No.1. Therefore, considering the nature of allegations and facts of the case, the prosecution has to establish the allegations beyond reasonable doubt during the course of full-dressed trial.
5. In the facts and circumstances of the case, the petitioners (A2, A5, A6 & A7) are entitled to be enlarged on bail as prayed for. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioners (A2, A5, A6 & A7) shall be released on bail in the event of their arrest in connection with Crime No.13/2019 of Madhugiri Police Station, for the offence punishable under Sections 302, 498-A r/w. 34 of IPC, now pending before the Court of Principal Civil Judge (Sr.Dn.) and CJM, Madhugiri, Tumakuru Disrtrict, subject to the following conditions:-
i) The petitioners shall surrender themselves before the concerned 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 bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) 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 Tumakuru District without prior permission of the Court, 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 15 days between 10.00 am and 5.00 pm., on any Sunday, before the concerned Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/-
JUDGE