Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 2041 (KAR)

Hanumantharaju v. State Of Karnataka

2020-10-13

ASHOK S.KINAGI

body2020
JUDGMENT Ashok S. Kinagi, J. - The petitioners have filed this Criminal Petition seeking for anticipatory bail in Crime No.24/2020 of Thyamagondlu Police Station, Bengaluru Rural District, registered for the offences punishable under Sections 498(A) and 306 of IPC. 2. The brief facts of the prosecution case is that complainant being the father of deceased- Shanthakumari, lodged a complaint disclosing that deceased Shanthakumari married first petitioner on 15.12.2019 and deceased was not comfortable with him. The petitioners used to torture the deceased and the same was informed by the deceased to complainant on her visit to his house. After mediation the deceased returned to matrimonial home. The torture against the deceased by the petitioners continued and on 02.04.2020 the deceased committed suicide in her house. The respondent on the basis of the said complaint given by the complainant, registered criminal case in Crime No.24/2020 for the offences punishable under Sections 498(A) and 306 of IPC. Petitioners filed an application seeking for anticipatory bail before the trial Court in Crl.Mis.No.659/2020. The learned Sessions Judge vide order dated 23.07.2020 rejected the application. Hence, this petition. 3. Heard learned counsel for the petitioners and learned High Court Government Pleader. 4. Learned counsel appearing for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the complainant in the complaint and petitioners are permanent residents of given address. He further submits that petitioner No.2 is suffering from age old ailments. The allegation made against the petitioners were false and concocted. Hence, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader submits that the petitioners used to harass the deceased physically and mentally and after the death of deceased, the petitioner No.1 has not informed the complainant about death of the deceased, and thereby there is a prima facie case. Hence, he prays to dismiss the petition. 6. Perused the records. 7. The prosecution papers disclose that marriage between petitioner No.1 and deceased was solemnized on 15.12.2019 and deceased died on 02.04.2020 i.e., within a period of four months from the date of marriage. The complainant has made serious allegation against the petitioners for ill-treating his daughter. There is also an allegation against the petitioner No.1 that he was not informed about death of the deceased to the complainant. Complainant came to know about death of the deceased through his relatives. The complainant has made serious allegation against the petitioners for ill-treating his daughter. There is also an allegation against the petitioner No.1 that he was not informed about death of the deceased to the complainant. Complainant came to know about death of the deceased through his relatives. Petitioner No.1 has not offered any explanation about the allegation. 8. Petitioner No.2 mother of petitioner No.1, she being a lady is suffering from age old ailments. The complainant has not made allegation regarding dowry. However, keeping in view the facts and circumstances of the case, in the opinion of this Court, the Petitioner No.2 is entitled to be released on bail under Section 438 of Cr.P.C. Insofar as petitioner No.1 is concerned, there are serious allegations against him about his ill-treating the deceased. Hence, petitioner No.1 is not entitled to be released on bail. Criminal petition is allowed-inpart . Petition filed by petitioner No.1/accused No.1 is dismissed. Petition filed by petitioner No.2/accused No.2 is allowed . Petitioner No.2/accused No.2 is ordered to be enlarged on anticipatory bail in the event of her arrest in Crime No.24/2020 of Thyamagondlu Police Station, Nelamangala, Bengaluru Rural District for the offences punishable under Sections 498(A) and 306 of IPC subject to the following conditions:- (i) Petitioner No.2/accused No.2 shall furnish a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer; (ii) She shall surrender before the Investigating officer within 10 days from the date of receipt of certified copy of this order; (iii) She shall not leave the jurisdiction of the court without prior permission; (iv) She shall co-operate in the investigation by the investigating officer; (v) She shall not tamper with the prosecution evidence directly or indirectly; (vi) She shall mark her attendance in Thyamagondlu Police Station, Nelamangala, Bengaluru District once in a month i.e., on first Saturday between 10.00 a.m. to 5.00 p.m. until submission of the final report.