IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4113 OF 2019 BETWEEN:
1. NAGESHA, S/O.LATE GOPALA RAO, AGED ABOUT 58 YEARS, 2. MANJULA, W/O.NAGESHA, AGED ABOUT 56 YEARS, BOTH ARE RESIDING AT SHANKARIPURA, HASSAN-573 202. ... PETITIONERS (BY SRI.P.PRASANNA KUMAR, ADVOCATE FOR SRI.CHANDRASHEKAR.H.B, ADVOCATE) AND:
STATE OF KARNATAKA, BY HASSAN EXTENSION POLICE, HASSAN-573 201.
REP. BY SPP, HIGH COURT. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.86/2019 OF HASSAN EXTN.P.S., HASSAN FOR THE OFFENCE P/U/S 304B,498A R/W 34 OF IPC AND SECTIONS 3 AND 4 OF D.P ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. Petitioners, who are arraigned as accused nos. 2 and 3 in Cr.NO.86/2019 of respondent-police, pending on the file of IV Civil Judge & JMFC., Hassan for the offences punishable under Sections 498(A) and 304(B) r/w Section 34 of IPC.
3. Case of the prosecution is that one M.K. Ashwini daughter of the complainant was given in marriage to accused no.1. Thereafter she started residing in the matrimonial home along with accused Nos. 1 to 3. On 9.5.2019 she committed suicide by consuming tablets. Father of the deceased, has filed a complaint suspecting the hands of accused nos.1 to 3 in the death of the deceased alleging that since the date of marriage, they had been ill treating and harassing the deceased demanding further dowry.
4. However, learned HCGP, took me to the further statement of the complainant, wherein he diluted his earlier statement giving up the allegations made against the petitioners, but reiterating the allegations made against accused no.1. Accused no.1 is in judicial custody. The petitioners have sought for anticipatory bail.
5. Under the above said facts and circumstances, when there are no specific allegations against these petitioners in the further statement of the complainant, it is just and necessary to release them on anticipatory bail as prayed for. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No. 86/2019 of respondent- Hassan Extension Police Station, on 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 they shall execute personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) each 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 without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE Psg*