IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.3786/2017 BETWEEN:
1. SMT THEJASWINI @ PULLIVENDULA THEJASWINI REDDY W/O DIWAKARA REDDY AGED ABOUT 29 YEARS 2. SRI N DIWAKARA REDDY S/O NALLA BYANNAGARI CHITAMBARA REDDY AGED ABOUT 31 YEARS BOTH ARE RESIDING AT MUKUNDAPURAM, GARLADINNE ANANTHAPUR ANDHRA PRADESH – 515731 3. SRI RAMANJANAMMA @ PULLIVENDULA CHANDRAKALA W/O PULLA REDDY AGED ABOUT 51 YEARS R/AT NO.1-8-157 NEAR RAINBOW SCHOOL CHIKKADAPALLI HYDERABAD - 500020 ...PETITIONERS (BY SRI. M.R.NANJUNDAGOWDA, ADVOCATE) AND:
STATE OF KARNATAKA BY KADUGODI POLICE BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 ...RESPONDENT (BY SRI. B.J.ESHWARAPPA, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in crime No.12/2017 of Kadugodi police station, Bengaluru City, which is registered for the offence p/u/s 498A, 506, 342, 307 r/w 34 of IPC and Sec.4 of D.P.Act.
This petition coming on for orders, this day, the Court made the following:-
ORDER Learned High Court Government Pleader takes notice for the respondent.
2. Heard Sri.M.R.Nanjunda Gowda, learned counsel appearing on behalf of the petitioner and Sri.B.J.Eshwarappa, learned High Court Govt. Pleader for respondent.
3. The respondent-Police have registered a F.I.R. in their Crime No. 12/2017 dated 15.01.2017 against 12 accused persons in respect of the offences under Sections 304B, 498A read with Section 34 of IPC and Section 4 of Dowry Prohibition Act.
4. The petitioners herein, who are accused Nos.3, 4 & 5, are the family members of the 1st accused. The allegation is that the deceased Thejaswini was married to the 1st accused on 12.03.2015 and at the time of marriage, dowry in cash and kind was given to 1st accused-Vidya Sagar Reddy. The accused persons used to harass the deceased physically and mentally for additional dowry from her parental home. On 13.04.2016, a complaint on the allegation of dowry harassment and forcible miscarriage of her pregnancy was lodged by the father of the deceased at Anantpura Police Station. The deceased was staying in a Paying Guest accommodation at Bengaluru for the last eight months and committed suicide by hanging herself in her room on 15.01.2017.
5. As per the submission of the learned counsel for the petitioners, these petitioners are not the family members of the 1st accused. Accused Nos.4 and 5 are residing separately and they have nothing to do with the family affairs of 1st accused. They are residents of Ananthpur, whereas the 1st accused is resident of Chikkadapalli in Hyderabad City. From the complaint averments, no specific allegation is made against these petitioners. In the circumstances, there is no impediment to allow the petition.
6. Petition is allowed. Petitioners are granted anticipatory bail in Crime No.12/2017 registered with the respondent-Police for a period of three weeks only. Within the said period, they shall surrender before the concerned Court and move for regular bail.
Till the disposal of the regular bail petition, this order shall enure to the benefit of the petitioners. In the event of their arrest within the above period by the respondent-Investigating Officer in respect of the above crime, they shall be released on bail on each of them executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the like sum.
Sd/-
JUDGE bnv*