IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION NO.2704 OF 2019 Between:
Zeenath S/o Basha Aged about 70 years, R/at Keliginakoppalu Maheshwarinagar Sakaleshpura Town, Kasaba Hobli, Sakaleshpura Taluk, Hassan District – 34.
(By Sri.Pratheep K.C, Advocate) And:
The State of Karnataka, Rep. Sakaleshpura Town Police Station, Hassan District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru - 01 (By Sri.Divakar Maddur, HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.30/2019 of Sakaleshpura Town Police Station, Hassan for the offence punishable under Sections 498A, 304B, 302 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
This petition coming on for Orders, this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader and perused the materials placed before the Court.
2. The petitioner has sought her enlargement on bail in Crime No.30/2019 registered by the respondent police station for the offence punishable under Sections 498A, 304B, 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961.
3. Learned counsel for the petitioner in his arguments submitted that neither the complaint nor the charge sheet material alleges any overt-act against the present petitioner, who is the mother-in- law of the deceased. Further, the Post-Mortem Report also clearly go to show that the Doctor has opined that death of the deceased was due to asphyxia as a result of hanging. He submits that in view of medical opinion, the alleged contention of the complainant that the deceased was killed by the accused would not find a base in the charge sheet. He further submits that the petitioner is age old person of more than 70 years and is suffering from several health problems.
4. Learned High Court Government Pleader in his arguments submitted that the alleged offence is heinous in nature and admittedly, the petitioner is the mother-in-law of the deceased. The prosecution has placed cogent evidence to prove the alleged guilt. As such, the petition be rejected.
5. From the submission from both side, it is not in dispute that the present petitioner is the mother-in-law of the deceased. Accused No.1 is the husband of the deceased, who is said to be still in judicial custody. Though, in the complaint, the complainant at one stage has stated that the information given to him over the phone about the death of his sister as a suicide but, in complaint, he has alleged that the incident was of a murder in connection with the demand for dowry. Accordingly, registered the complaint for the offence punishable under Sections 498A, 304B, 302 read with Section 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961. The police after completing the investigation have filed charge sheet for the alleged offences. At this stage, it cannot be ignored of the Autopsy Report, a copy of which is produced by learned counsel for the petitioner for perusal by this Court that the Doctor has opined that the death of the deceased was due to asphyxia as a result of hanging. Further, he has kept his final opinion pending receipt of chemical analysis report. Thus, the argument of learned counsel for the petitioner that the medical evidence would not raise its finger against the present petitioner could not be totally disbelieved. However, the entire truthfulness of the prosecution case can be ascertained only after full fledged trial. Still, for the time being it can be said that considering the nature of allegations made against the petitioner by the charge sheet witnesses, at this stage, by imposing stringent conditions, the present petitioner be enlarged on bail. Accordingly, I proceed to pass the following:
ORDER The petition is allowed. The petitioner be enlarged on bail in Crime No.30 of 2019 of Sakaleshpura Police Station, Hassan District, subject to the following conditions:
i) That the petitioner shall execute a personal bond of `1,00,000/- (Rupees One Lakh only) with two sureties, with proof of their address and to the satisfaction of the enlarging Court.
ii) The petitioner to give in writing about the change in her address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard.
iii) She shall appear before the Court on all the dates of hearing.
iv) She shall not tamper the prosecution witnesses and documents.
Sd/- JUDGE dn/-