IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.9316/2018 BETWEEN:
1. Sri. S.P.Venkateshappa, S/o Late Pillappa, Aged about 80 years, 2. Smt. Lakshmamma, W/o S.P.Venkateshappa, Aged about 72 years, Petitoners No.1 and 2 are residing at: Sugatur village and Hobli Taluk and District : Kolar – 563 101.
3. Smt. Gopamma, W/o. Krishnamurthy @ Kittappa, D/o S.P.Venkateshappa, Aged about 50 years, R/o.Venugopalpura Village, Kasaba Hobli, Bangarpet Taluk, Kolar District – 563 114.
…Petitioners (By Sri. Veeranna G. Tigadi, Advocate) AND:
State of Karnataka, Represented by Sub-Inspector of Police, Kolar Rural Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the Cr.No.497/2018 of Kolar Rural Police Station, Kolar for the offence punishable under Section 498A, 306 and 109 read with Section 34 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Petitioners are accused Nos.2, 3 and 4 in Crime No.497/2018 registered for the offences punishable under Sections 498A, 306, 109 r/w 34 of IPC.
2. The complaint is lodged by the brother of the victim alleging that his sister was married to accused No.1 on 24.08.2008. She had begotten a child now aged about 9 years. At the time of marriage, Rs.2,00,000/- cash and gold were given as dowry. After the marriage, she was subjected to ill-treatment in the matrimonial house. Being unable to bear the cruelty, she committed suicide by hanging herself in the matrimonial house.
3. Petitioner No.1 is the father-in-law, petitioner No.2 is the mother-in-law and petitioner no.3 is the sister- in-law of the deceased. The allegations are directed mainly against accused No.1, who is in custody from the date of the offence. Investigation is already completed. Having regard to the nature of the allegations made against the petitioners and having regard to the nature of the offences, in my view, custodial interrogation of the petitioners is not necessary for the purpose of investigation. In that view of the matter, petition deserves to the allowed.
4. Accordingly, petition is allowed. Petitioners are directed to appear before the Investigating Officer within 10 days from the date of this order and on their appearance, the Investigating Officer shall interrogate the petitioners and shall enlarge them on bail on the same day subject to the following conditions:-
a. The petitioners shall furnish a bond in a sum of Rs.1.00 lakh (Rupees One lakh only) with two sureties each for the likesum to the satisfaction of the Investigating Officer;
b. The petitioners shall appear before the Investigating Officer as and when required;
c. The petitioners shall co-operate in the investigation;
d. The petitioners shall not threaten or allure the prosecution witnesses; and e. The petitioners shall mark their attendance in Kolar Rural Police Station, Kolar, on the 15th of every month until submission of the final report.
Sd/- JUDGE SV/-