IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7776/2019 BETWEEN:
GAYATHRI, W/O. LATE NINGEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT:
MALLEGOWDANAKOPPALU VILLAGE, K. SHETTHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA-571445. ... PETITIONER [BY SRI. RAJU C.N., ADVOCATE] AND:
STATE BY MELUKOTE POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT [BY SRI.HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR. NO.90/2019 OF MELUKOTE P.S., MANDYA FOR THE OFFENCE P/U/S 304B, 498A R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Crime No.90/2019 of Melukote P.S., for the offence under Sections 304(B), 498(A) r/w. 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, on the file of the Civil Judge [Jr. Dn.] and JMFC Court, Pandavapura.
3. The brief factual matrix of the case are that;
The son of the petitioner i.e., accused No.1- Dinesh and deceased Vidyamani were husband and wife and their marriage took place about 4½ years ago prior to the incident. It is alleged that at the time of their marriage, some gold articles and money were given in consideration of the marriage. Despite the same, the petitioner and others have raised quarrel with deceased saying that at the time of the marriage sufficient dowry was not given and forcing the deceased to bring more money from her parental house. It is further alleged in the complaint that about 3 months ago, accused No.1 had sent the deceased to her parental house and thereafter, they compromised the matter and on 26.09.2019 she was brought back to the matrimonial house. But, again ‘galata’ started in the house. Therefore on 27.09.2019, Vidyamani went to the pump house belonging to the uncle of accused No.1 and committed suicide.
4. The petitioner is the mother of accused No.1.
There is no specific allegations made against her about giving any ill-treatment or harassment to the deceased with regard to payment of dowry soon after the marriage. Whether the provisions under Section 304(B) of IPC is attracted or not is not made clear in the complaint and therefore, it has to be decided during the course of full fledged trial before the trial Court. The petitioner is a lady and the offence is not punishable either with death or imprisonment for life. In the facts and circumstances of the case and in the absence of any specific allegations against this petitioner, in my opinion, the petitioner is entitled to grant of anticipatory bail with conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.90/2019 of Melukote P.S., Mandya for the offence under Sections 304(B), 498(A) r/w. 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, on the file of the Civil Judge [Jr. Dn.] and JMFC Court, Pandavapura, Mandya District subject to the following conditions:
i) The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute a personal bond 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 petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE Ksm*