Allowed

Manjula v. State by Bellur Police

Karnataka HC26 Jun 2024CRL.P/5776/2024

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to petitioners (deceased's mother, sister, brother) in a dowry death case (IPC 498A, 304B). Court held they are entitled to bail as allegations against them are minor and lack substantive basis, directing investigation to fix bonds.

What did the court decide?

Petitioners enlarged on bail in event of arrest under Condition (a) ₹2L bond each with sureties; (b) no commission of similar offences; (c) appearance when required; (d) no tampering of witnesses.

Manjula Vs State by Bellur Police — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:23553 CRL.P No. 5776 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 5776 OF 2024

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BETWEEN:

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MANJULA, W/O LATE DHARMA, AGED ABOUT 48 YEARS,

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ASHWINI .D., D/O LATE DHARMA, AGED ABOUT 20 YEARS,

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Digitally signed by BHARATHI S Location: high court of karnataka

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SHASHIKUMAR, S/O LATE DHARMA, AGED ABOUT 31 YEARS,

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AJITH KUMAR, S/O LATE DHARMA, AGED ABOUT 27 YEARS,

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PETITIONERS ARE ALL RESIDING AT HOSAMANE COLONY, VILLAGE BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 418.

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…PETITIONERS

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(BY SRI. RAJU .C.N., ADVOCATE)

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AND:

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STATE BY BELLUR POLICE MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. (BY SMT. K.P. YASHODHA, HCGP)

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…RESPONDENT

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2 - NC: 2024:KHC:23553 CRL.P No. 5776 of 2024

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THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.78/2024 OF BELLUR P.S., MANDYA FOR THE OFFENCE P/U/S 304-B, 498(A), 323, 506, 507 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT NAGAMANGALA. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners-accused No.2 to 4 are before this Court seeking grant of anticipatory bail in Crime No.78/2024 of Bellur Police Station, pending on the file of the learned Civil Judge and JMFC Court, Nagamangala, Mandya District registered for the offences punishable under Sections 498(A), 304(B), 323, 506 and 507 R/w Section 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Latha.

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Heard Sri.Raju.C.N., learned counsel for the petitioners and Smt. K.P.Yashodha, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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NC: 2024:KHC:23553 CRL.P No. 5776 of 2024

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“Whether the petitioners are entitled for grant of bail under Section 438 of Cr.P.C.?”

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My answer to the above point is in ‘Affirmative’ for the

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following:

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R E A S O N S

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Petitioners being accused Nos.2 to 4 are seeking

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grant of anticipatory bail on the apprehension of being arrested. The mother of the deceased lodged the first information making specific allegations against accused No.1 stating that he married the deceased and had looked after her well for one year. Thereafter, accused No.1 along with petitioners being his mother, sister and brothers started demanding dowry and ill-treated her. It is stated that accused No.1 had even assaulted the brother of the deceased when he questioned the ill treatment given to the deceased. It is stated that accused No.1 was not providing food and other necessities

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to the deceased and her new born baby and finally she came to the house of the informant on 11.05.2024. Accused No.1 had called her over phone and abetted to commit suicide along with

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4 - NC: 2024:KHC:23553 CRL.P No. 5776 of 2024

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the child. As a result, she committed suicide by jumping into the river. The FIR was accordingly came to be registered against accused Nos.1 to 5.

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These petitioners being the relatives of accused No.1 are seeking grant of anticipatory bail. Except saying that accused No.1 along with the co-accused used to demand dowry and ill-treat the deceased, there is no other allegations against these petitioners. Therefore, I am of the opinion that the petitioners may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and proceed to pass the 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.78/2024 of Bellur Police Station.

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5 - NC: 2024:KHC:23553 CRL.P No. 5776 of 2024

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The petitioners are directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:-

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a. The petitioners shall furnish the bond in a sum of Rs.2,00,000/- each (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the Investigating Officer;

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b. The petitioners shall not commit similar offences;

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c. The petitioners shall appear before the Investigating Officer or the court as and when required; and

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d. The petitioners shall not threaten or tamper the prosecution witnesses.

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On furnishing the sureties by the petitioners, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by them. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.

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BH: List No.: 1 Sl No.: 41

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Sd/JUDGE

Manjula v. State by Bellur Police

Case brief

What is this about?

What did the court decide?

Manjula v. State by Bellur Police

Case brief

What is this about?

What did the court decide?

What the court decided

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