Allowed

Smt Kanyakumari v. State of Karnataka

Karnataka HC10 Nov 2022CRL.P/10076/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition filed by two petitioners seeking anticipatory bail in proceedings under Sections 504, 498A, and 306 of IPC. The court held that the petitioners could be admitted on bail subject to a personal bond and specific conditions, noting suspicious circumstances regarding the prosecution case involving family disputes and suicides.

What did the court decide?

The petitioners were enlarged on bail in the event of their arrest in Crime No.180/2022 on executing a personal bond in the sum of Rs.1,00,000/- with one surety for the like-sum, subject to specific c

Smt Kanyakumari Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^th DAY OF NOVEMBER 2022

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BEFORE

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THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

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CRIMINAL PETITION NO. 10076 OF 2022

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BETWEEN:

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SMT. KANYAKUMARI W/O MURALI. S AGED ABOUT 30 YEARS

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SRI. MURALI.S S/O SEENAPPA AGED ABOUT 33 YEARS

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BOTH ARE RESIDING AT MUDDURAMMA TEMPLE ROAD, VJARAHALLI, TALGHATTAPURA BENGALURU DISTRICT-560 062.

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… PETITIONERS

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(BY SRI. VIJAYAKUMAR K., ADVOCATE) (PH)

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AND:

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STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.

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… RESPONDENT

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(BY SMT. RASHMI JADHAV, HCGP) (PH)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON THE BAIL IN THE EVENT OF THEIR ARREST IN

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CR.NO.180/2022 OF KANAKAPURA RURAL P.S., RAMANAGARA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 498A, 306 R/W SECTION 34 OF IPC PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, KANAKAPURA AND ETC.,

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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This petition is filed by the petitioners under Section 438 of Cr.P.C seeking bail in the event of their arrest in Crime No.180/2022 of Kanakapura Rural Police Station, registered for the offences punishable under Sections, 504, 498A, 306 R/w Section 34 of the IPC.

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Heard the learned counsel for petitioners and learned HCGP for State. Perused the records.

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The brief factual matrix leading to the case are

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that the complainant is the mother of deceased Danuja and she was given in marriage to one Raju. The deceased had two children out of the said wedlock. It is also alleged that the daughter of the complainant by name Danuja used to complain that her mother-in-law by name Gowramma, the present petitioner, who is her sister-in-law and her husband regularly used to ill-treat her.

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Subsequently, about two months earlier, the son-in-law of the complainant, by name Raju, left the daughter of the complainant in her house and though there were number of requests to take her back he has not responded.

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Considering these aspects, on 08.08.2022 the deceased Danuja has lodged a complaint with Mahila Police Station, Ramanagara and the police have summoned the husband of the deceased, her mother-in-law and the present petitioner No.1 to the police station and enquired in this regard. Later on 10.08.2022 at about 8.00 a.m the son-in-law of the complainant i.e the husband of the deceased Danuja and the mother-in-law of the deceased have committed suicide by hanging themselves. When the complainant got information of this aspect on the night of 10.08.2022 she did not report the matter to her daughter and she decided to report the matter on next day. Later on 11.08.2022 at about 8.30 a.m the complainant has received a call from her mother that her daughter has also attempted to commit suicide and was admitted in hospital. Then she went to the hospital and there she enquired with

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her daughter and she narrated the incident that on 10.08.2022 morning at 8.00 a.m the present petitioners called the deceased and abused her that she is the cause for committing suicide by her mother and brother and threatened her and instigated her to commit suicide. Hence, she revealed that therefore she consumed poison and later on she succumbed in Dayananda Sagar Hospital on 20.08.2022 and as such this complaint came to be lodged.

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The petitioners have approached the learned Sessions Judge and learned Sessions Judge has rejected their bail petition. Hence, the petitioners are before this Court.

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Having heard the arguments and perusing the records, it is evident that the daughter of complainant Dhanuja is the wife of one Raju who is the brother of the present petitioner No.1, and petitioner No.2 is the husband of petitioner No.1. The records disclose that there were certain family disputes between the husband and wife and the deceased Raju had left his wife i.e deceased Danuja in

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her maternal home and in spite of repeated requests, he did not take her for joining marital life. However, being fed up with this, she approached Ramanagara Mahila Police Station by lodging a complaint on 08.08.2022. In this regard the police have summoned deceased Raju, his deceased mother, as well as the present petitioner No.1 and advised them. Later on 10.08.2022, Raju and his mother Gowramma committed suicide. In this regard, the present petitioner No.1 has lodged a complaint and said complaint came to be registered in Kaggalipura Police Station in crime No.306/2022 against deceased and others.

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The allegations of this complaint disclose that the Raju and Gowramma have committed suicide on 10.08.2022 between 7.50 p.m to 8.00 p.m in the night hours. However, though the complainant had received the information on the same night, she did not intimate the same to her daughter and on the next day morning at 8.30 a.m she received information regarding deceased consuming the poison. According to the complainant her

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daughter narrated that on 10.08.2022 morning at 8.00 the petitioner No.1 called her on mobile abusing her that she is the cause for the death of her mother and her brother and instigated her for committing suicide. However, the records itself discloses that Raju and his mother Gowramma committed suicide on 10.08.2022 in the night around 8.00 p.m but the allegations made in the present complaint are that the petitioner No.1 called the deceased on 10.08.2022 in the morning at 8.00 and at that time admittedly there was no suicide by Raju as well as Gowramma. Hence the entire case of the prosecution is surrounded with suspicious circumstances.

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Though the suicide was committed on 10.08.2022 the complaint was lodged on 20.08.2022. No doubt the learned HCGP would submit that only after the death of the deceased in the hospital, complaint is lodged and that ground cannot be ignored at this juncture. However, at this juncture there is no material evidence to prove that there are ingredients of abatement or instigation as referred in Section 107 of IPC.

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The records disclose that due to minor difference of opinion the daughter of the complainant, her husband as well as the mother-in-law of the daughter of the complainant have committed suicide and it has taken the lives of three persons and it appears to be because of weak mind and it depends on their mental status.

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Looking to these facts and circumstances, in my considered opinion the petitioners can be admitted on bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, petition needs to be allowed and accordingly, I proceed to pass following:-

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ORDER

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The petition is allowed .

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The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.180/2022 of Kanakapura Rural Police Station, registered for the offence punishable under Sections 504, 498A, 306 R/w Section 34 of IPC on each of them executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one

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surety for the like-sum to the satisfaction of the concerned I.O/SHO, subject to following conditions:-

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i) The petitioners shall not tamper with the prosecution witnesses directly or indirectly;

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ii) The petitioners shall not indulge in any similar offences;

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iii) The petitioners shall not leave the jurisdiction of the Court without prior permission of the Trial Court;

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iv) The petitioners shall appear before the Court, on all the dates of hearing, unless they were exempted by a specific order.

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(v) Petitioners shall surrender before the concerned Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release them on bail as directed.

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Sd/JUDGE

Smt Kanyakumari v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Kanyakumari v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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