Karnataka High Court
Shobha Boosle vs State Of Karnataka on 6 June, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:19446
CRL.P No. 3541 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3541 OF 2023
BETWEEN:
1. SHOBHA BOOSLE
D/O BAALU ANNAPPA BOOSLE,
AGED ABOUT 48 YEARS,
R/AT HONAVADA VILLAGE,
THIKOOTA TALUK,
VIJAYAPURA DISTRICT,
PIN-586 130.
2. TEJASHWINI AMARNATH PATEL
C/O AMARNATH PATEL,
AGED ABOUT 28 YEARS,
Digitally R/AT NEAR BUSTAND,
signed by VTC-SHINALA, PO-TANGADI,
LAKSHMI T
SUB DISTRICT-ATHANI,
Location:
High Court DISTRICT-BELAGAVI,
of KARNATAKA-591 303
Karnataka
3. YASHVANTH
S/O DOODI BAA,
AGED ABOUT 36 YEARS,
R/AT TEGANI BIDARI VILLAGE,
OBALLESHWARA TALUK,
VIJAYAPURA-586 113.
4. AKKAMMA
W/O YASHVANTHA,
AGED ABOUT 30 YEARS,
TEGANI BIDARI VILLAGE,
OBALLESHWARA TALUK
VIJAYAPURA-586 113.
...PETITIONERS
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NC: 2023:KHC:19446
CRL.P No. 3541 of 2023
(BY SRI. SHARATH J M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BILIKERE POLICE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT BENGALURU-560 001.
...RESPONDENT
(BY SRI. RENUKARADHYA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.54/2023 OF BILIKERE P.S., MYSURU
DISTRICT FOR THE OFFENCE P/U/S 498A,304B,34 OF IPC AND
SEC.3,4 OF D.P ACT ON THE FILE OF THE ADDL.CIVIL JUDGE
(JR.DN) AND J.M.F.C COURT HUNSUR MYSURU DISTRICT.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail to the petitioners/accused Nos.3 to 6 respectively in Cr.No.54/2023 of Bilikere police station, registered for offences punishable under Sections 498A, 304B r/w 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
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NC: 2023:KHC:19446 CRL.P No. 3541 of 2023
2. Heard both sides and perused the material on record.
3. Petitioner No.1/accused No.3 is the mother-in- law, petitioner Nos.2 and 4/accused Nos.4 and 6 are the sisters-in-law and petitioner No.3/accused No.5 is the husband of petitioner No.4/accused No.6.
4. Case of the prosecution is that the marriage of deceased Krishnabai Thukaram Padke was performed with accused No.1- Subash Chandra Balappa Bosle on 31.01.2023. At the time of marriage, there was demand for dowry by accused No.1 and his family members. After the marriage, the accused persons started insisting the deceased to get 50 gms. of gold, car, site and a bungalow. It is further alleged that accused No.1 is having an illicit relationship and in view of the torture meted to her, deceased hanged herself and committed suicide on 11.03.2023.
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NC: 2023:KHC:19446 CRL.P No. 3541 of 2023
5. Initially, UDR No.11/2023 under Section 174(c) of Cr.P.C. came to be registered. At the time of drawing the inquest mahazar, statement of father of the deceased was recorded and on the basis of which, the aforementioned case was registered against accused Nos.1 to 7.
6. A perusal of the material on record would reveal that the deceased was working as a Village Accountant at Bilikere village. She committed suicide in a rented house, where she was residing. The petitioners are the mother, sisters-in-law and brother-in-law of accused No.1. There are certain omnibus allegations made against them. The specific allegations are against accused No.1. At this stage, there is nothing to show that these petitioners have subjected the deceased to cruelty soon before her death. The learned counsel for petitioners has submitted that none of these petitioners have been staying along with the deceased at the time of incident and in fact accused Nos.4 -5- NC: 2023:KHC:19446 CRL.P No. 3541 of 2023 and 6 namely sisters-in-law of the deceased are married and residing separately.
7. Considering the above facts and circumstances of the case, the relief sought by the petitioners can be granted by imposing conditions. Hence, the following:
ORDER i. The petition is allowed.
ii. The petitioners/accused Nos.3 to 6 shall be released in the event of their arrest in Crime No.54/2023 registered at Bilikere Police Station, subject to following conditions:
(1) Petitioners shall appear before the Investigation Officer within a period of 10 days from the date of receipt of a certified copy of the order and shall execute a personal bond in a sum of Rs.1,00,000/- each [Rupees one lakh only] with two sureties for the likesum.-6-
NC: 2023:KHC:19446 CRL.P No. 3541 of 2023 (2) Petitioners shall cooperate with the investigation and they shall not tamper with the prosecution witnesses in any manner.
(3) Petitioners shall furnish proof of their residential address and shall inform the Investigating Officer/Court regarding change in the address, if any.
(4) Petitioners shall be regular in attending the Court proceedings.
Sd/-
JUDGE TL List No.: 1 Sl No.: 50