IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3794/2019 Between:
1. Smt.Suvarnamma, W/o.K.O.Basavarajappa, Aged about 46 years, R/at Bukkambudi Village and Post, Shivani Hobli, Tarikere Taluk, Chikmagalur District-577 549.
2. Mr.Bhuvaneshwara @ Bhuvanesha, S/o.K.O.Basavarajappa, Aged about 24 years, R/at Bukkambudi Village and Post, Shivani Hobli, Tarikere Taluk, Chikmagalur District-577 549. ... Petitioners (By Sri.Kashinath.J.D, Advocate) And:
State of Karnataka, By Ajjampura Police, Chikkamagaluru, Rep. by SPP, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This criminal petition 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.90/2019 of Ajjampura P.S., Chikkamagaluru District for the offence p/u/s 498A, 304B, 302 r/w 34 of IPC.
This criminal petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest with respect to the proceedings in Crime No.90/2019 for the offences punishable under Sections 498A, 304B and 302 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was lodged by the father of the deceased stating that accused No.1 had married the deceased without knowledge of her parents. It is alleged in the complaint that accused No.1, petitioner No.1 - the mother-in-law of the deceased and petitioner No.2 - the brother-in-law of the deceased had administered poison and kept her at Gangagondanahalli Temple. It is further stated that on 19.04.2019, the deceased had requested her aunt for a sum of Rs.50,000/- in light of the harassment by the accused. It is stated that subsequently, accused No.1 is alleged to have assaulted her and after assaulting the deceased had attempted to hang her with a plastic rope and as the plastic rope did not withstand her weight she was hanged by using veil and accordingly alleged to have committed the offence between night on 19.04.2019 and morning on 20.04.2019.
3. Learned counsel for the petitioners points out that the allegations as regards the offence punishable under Section 302 of Cr.P.C. is only against accused No.1, who is in custody. As regards other accused i.e., petitioners herein, the proof of offence as is sought to be made out is a matter for trial.
4. Taking note of the nature of imputation against accused No.1 as regards the offence punishable under Section 302 of Cr.P.C. and noticing the nature of allegations against the other accused, proof of which is a matter to be established in trial, the case is made out for enlarging the petitioners on bail.
5. It is also to be noted that accused No.1 has been detained and remains in custody. Hence, no case is made out for custodial interrogation of the petitioners. It is further stated that accused No.2 is a student and accused No.1 is Anganawadi Worker and is a woman which also is a matter that is taken note of.
6. In the result, the bail petition filed by the petitioners under Sec. 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.90/2019 for the offences punishable under Sections 498A, 304B and 302 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.90/2019 within 15 days from today and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities henceforth.
(iii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iv) The petitioners shall physically present themselves and mark their attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE KA