Allowed

Bhagyamma v. State of Karnataka

Karnataka HC1 Sept 2023CRL.P/6512/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for anticipatory bail under Section 438 Cr.P.C. amidst allegations of dowry death and forgery. The court granted bail subject to execution of a Personal Bond, appearance before the trial court, and non-interference with prosecution witnesses.

What did the court decide?

Grant of anticipatory bail subject to executing a personal bond, regular appearance before the Trial Court, and non-interference with witnesses.

Bhagyamma Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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1 - NC: 2023:KHC:31468 CRL.P No. 6512 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6512 OF 2023

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BETWEEN:

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BHAGYAMMA W/O NAGARAJ, (TRIAL COURT MYSTICALLY MENTIONED S/O NAGARAJ IN REJECTED BAIL ORDER COPY) AGED ABOUT 55 YEARS R/O KHADRIPURA VILLAGE KESHAVA NAGARA KOLAR DISTRICT 563101

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…PETITIONER

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(BY SRI. SRINIVAS PRASAD M. S., ADVOCATE)

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AND:

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STATE OF KARNATAKA Digitally BY POLICE INSPECTOR signed by PRAMILA G V RURAL POLICE STATION, KOLAR REPTD. BY STATE PUBLIC PROECUTOR Location: HIGH COURT HIGH COURT BUILDING OF BANGALORE - 01 KARNATAKA

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…RESPONDENT

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(BY SMT.SOWMYA R., HCGP)

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THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.253/2023 OF KOLAR RURAL P.S., KOLAR DISTRICT FOR THE OFFENCE P/U/S 498(A), 304B R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT PENDING ON THE FILE OF THE I ADDL.CIVIL JUDGE (SR.DN) AND J.M.F.C COURT KOLAR AND ETC.

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NC: 2023:KHC:31468 CRL.P No. 6512 of 2023

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

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ORDER

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Accused no.2 in crime No.253/2023, registered by Kolar Rural Police Station, Kolar for the offences punishable under Sections 304B, 498A, 304 read with Section 34 of Indian Penal Code (for short hereinafter referred to as 'IPC') and under Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short hereinafter referred to as 'DP Act') is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.

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Heard the learned counsel appearing for the

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petitioner and the learned High Court Government Pleader appearing for the respondent-State.

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On the complaint of Smt.Radhamma dated 25.05.2023, Kolar Rural Police, Kolar, have registered FIR in crime No.253/2023 for the offence punishable under Sections 304B, 498A, 304 read with Section 34 of IPC and under Sections 3 and 4 of DP Act against Madhu kumar and the petitioner herein. The petitioner is the mother of accused No.1 Madhukumar. In the complaint it is averred that the

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3 - NC: 2023:KHC:31468 CRL.P No. 6512 of 2023

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complainant's daughter Ambika was married to accused No.1 in the year 2018 and from the wedlock they have two children. It is averred in the complaint that at the time of marriage, the complainant and her family members had given dowry to the accused persons. However, even thereafter the accused persons were demanding dowry from her daughter and accused persons were harassing and torturing her daughter. On 22.05.2023, accused no.1 allegedly demanded dowry from his wife-Ambika. On 23.05.2023 complainant's son received phone call from Basappa informing that Ambika had died. Complainant suspected the hand of accused no.1 in the death of her daughter. It is in this background, the complaint was filed a complaint which has resulted in registering FIR in crime no.253/2023. During the course of the investigation, accused no.1 was arrested.

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Apprehending arrest in the said case, the petitioner had filed Criminal Miscellaneous No.429/2023 which was rejected by I Additional Sessions Judge, Kolar vide order dated 09.06.2023. It is under these circumstances, the petitioner is before this Court.

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NC: 2023:KHC:31468 CRL.P No. 6512 of 2023

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The learned counsel for the petitioner reiterated the

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grounds urged in the petition and prays for grant of anticipatory bail.

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Per contra , learned High Court Government Pleader

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has seriously opposed the petition and prays for dismissal of the petition.

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From the complaint averments, it is seen that omnibus allegations have been made as against the petitioner herein with regard to dowry harassment. The complaint does not speak of any such incident that had taken place immediately prior to 25.05.2023, wherein the deceased was illtreated or tortured by the accused persons regarding their demand for bringing additional dowry. It is only after the death of Ambika, allegation is made against accused no.1. Investigation in the case is completed and charge sheet has been filed. Post-mortem report shows that the death is due to asphyxia as a result of hanging. Petitioner is aged about 55 years. Accused no.1 is in judicial custody. Allegations found in the complaint do not prima facie attract offence punishable under Section 304B of IPC as against the petitioner.

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5 - NC: 2023:KHC:31468 CRL.P No. 6512 of 2023

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Under these circumstances, I am of the considered

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view that the prayer of the petitioner for grant of anticipatory bail is required to be answered affirmatively. Hence, the following:

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ORDER

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Criminal petition is allowed .

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.253/2023 registered by Kolar Rural Police Station, Kolar for the offences punishable under Sections 304B, 498A read with Section 34 of IPC and under Sections 3 and 4 of DP Act, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

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NC: 2023:KHC:31468 CRL.P No. 6512 of 2023

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Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future;

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Sd/JUDGE

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GVP

Bhagyamma v. State of Karnataka

Case brief

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Bhagyamma v. State of Karnataka

Case brief

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