1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL CRIMINAL PETITION NO.9124/2018 BETWEEN:
SMT. RUKIYA (K.H.RUKIYA) W/O HAMSA, AGED ABOUT 60 YEARS, RESIDING AT PADIANI EMMEMADU VILLAGE, MADIKERI TLAUK, KODAGU DISTRICT-571 214.
...PETITIONER (BY SRI RAJU C.N., ADVOCATE) AND:
STATE BY NAPOKLU POLICE, MADIKERI, REP. BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE-560 001.
(BY SRI K.P.YOGANNA, HCGP) ...RESPONDENT 2 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.97/2018 OF NAPOKLU P.S., KODAGU DISTRICT FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is accused No.1 in Crime No.97/2018 of Napoklu Police Station. The said case was registered against the petitioner and her son for the offence punishable under Section 306 read with Section 34 of IPC.
2. The marriage of Issac with deceased Sumayya was solemnized about 12 years prior to 23.10.2018. The couple had two children aged 8 years and 5 years. Accused No.2-Issac was working in Dubai. Sumayya committed suicide by hanging herself in the house of the petitioner on 23.10.2018.
3 3. Sumayya’s brother filed complaint alleging that the accused subjected Sumayya to mental cruelty imputing extra marital relationship and accused No.2 instead of remitting money to the bank account of Sumayya was remitting the same to the account of one Lathif. It is alleged that thereby Sumayya was humiliated and the accused were instigating her to commit suicide. Therefore, she committed suicide.
4. As per the complaint itself, the death was suicidal one and after 12 years of marriage. The petitioner is 60 years old woman. As per the CD records, the statement of material witnesses have already been recorded. The petitioner is not required for any custodial interrogation. The offence alleged carries imprisonment for 10 years. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, petition is allowed.
4 5. Petitioner is granted bail in Crime No.97/2018 of Napoklu Police Station, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for her appearance;
2) She shall appear before the I.O.,/Court as and when required for the purpose of investigation/trial;
3) She shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE PB