Karnataka High Court
Smt. Saroja vs State Of Karnataka on 29 March, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.1282/2022
BETWEEN
SMT. SAROJA
W/O GOPALAPPA
AGED ABOUT 48 YEARS
R/AT NO.41, TYPE-1, BLOCK NO.6
NIMHANS QUARTERS, BYRASANDRA
JAYANAGAR 1ST BLOCK
BENGALURU-560011
...PETITIONER
(BY SRI MOHANKUMARA D, ADOVATE)
AND
STATE OF KARNATAKA
BY SIDDAPURA POLICE STATION
BENGALURU
REP. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560001
... RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.194/2021 OF SIDDAPURA P.S., BENGALURU CITY FOR
THE OFFENCE P/U/S 498A, 306, 304B R/W 34 OF IPC AND SEC.3
AND 4 OF DP ACT AND ETC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.194/2021 of Siddapura Police Station, Bengaluru City for the offences punishable under Sections 498A, 306, 304B R/W 34 of IPC and Sections 3 and 4 of DP Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that this petitioner is arraigned as accused No.2 in the case and the allegation against this petitioner is that at the instance of her, the husband of the deceased subjected the deceased for both mental and physical cruelty. At the time of marriage which was held on 24.08.2018, 24 grams of gold was given to the deceased and 25 grams of gold was given to the husband of the deceased and Rs.50,000/- in cash. Even though, this petitioner and the husband of the deceased used to make galata and subjected the 3 deceased for both physical and mental cruelty and also insisted the deceased to die and hence, she committed suicide by hanging. Based on the complaint, the police have registered the case and after completion of the investigation, charge-sheet has been filed for the aforesaid offences excluding the offence punishable under Section 304B of IPC.
4. The learned counsel appearing for the petitioner would submit that this petitioner is in custody from 13.10.2021 and the only allegation against this petitioner is that she instigated the husband of the deceased and as a result, the deceased was subjected to both physical and mental cruelty. The counsel also would submit that though the deceased left the death note, no allegation is made against this petitioner and allegation is only against her husband. Hence, the petitioner is entitled for bail since, investigation is already been completed and charge-sheet has been filed and prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the allegation against this petitioner is that she instigated the husband of the deceased to subject her for physical and mental cruelty and 4 there is a direct allegation against her in the complaint and prayed to dismiss the petition.
6. Having heard the respective counsel appearing for the parties and also on perusal of the material on record, it discloses that the deceased committed suicide in the matrimonial home on account of harassment and the allegation against this petitioner is that she instigated the husband of the deceased to subject her for both physical and mental cruelty and the said fact is a matter of trial. The police have already investigated the matter and filed the charge-sheet for the aforesaid offences excluding the offence punishable under Section 304B of IPC. No allegation against the petitioner in the death note and the allegation is against the husband. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C.
7. In view of the discussions made above, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in connection with Crime No. 194/2021 of Siddapura Police Station, Bengaluru 5 City for the offences punishable under Sections 498A, 306, 304B R/W 34 of IPC and Sections 3 and 4 of DP Act, subject to the following conditions:
(i) The petitioner shall execute her personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against her is disposed of.
Sd/-
JUDGE SN