Mr Priya G Fernandes Vs State of Karnataka

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NC: 2025:KHC:245 CRL.P No. 13313 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 13313 OF 2024

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BETWEEN:

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MR. PRIYA G FERNANDES D/O GEORGE A FERNANDES AGED ABOUT 44 YEARS RESIDING AT: NO.31, 1^ST BLOCK, VEIGUS COLONY, THATTAGUPPE KARNATAKA - 560 082 NOTE - ADDRESS MENTIONED AS PER AADHAR CARD.

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…PETITIONER

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Digitally signed by SWAPNA V Location: high court of karnataka

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(BY SMT. SEETHAL S., ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH STATE INSPECTOR OF POLICE, KAGGALIPURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA - 560 001

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…RESPONDENT

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(BY SMT. K.P. YASHODHA, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIS ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR.NO.3/2024 REGISTERED BY THE RESPONDENT KAGGALIPURA POLICE AND IN CC.NO.3359/2024, ON THE FILE OF THE HONBLE II ACJM, BANGALORE, FOR THE OFFENCE P/U/S 498(A), 304(B) R/W 34 OF IPC, 1860.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA

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NC: 2025:KHC:245 CRL.P No. 13313 of 2024

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ORAL ORDER

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The petitioner-accused No.3 is before this Court seeking grant of anticipatory bail in Crime No.3/2024 of Kaggalupura Police Station, pending in CC.No.3359/2024 on the file of the learned II Additional CJM, Bangalore, registered for the offences punishable under Sections 498A and 304(B) R/w Section 34 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Kevan V Dsouza.

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Heard Smt. Seethal S, learned counsel for the petitioner 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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“Whether the petitioner is entitled

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for grant of bail under Section 438 of Cr.P.C.?”

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NC: 2025:KHC:245 CRL.P No. 13313 of 2024

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

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R E A S O N S

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Petitioner being accused No.3 is seeking

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anticipatory bail on the apprehension of being arrested. She is the sister of accused No.1 and daughter of accused No.2. Accused No.1 is the husband of the deceased and their marriage was performed on 29.12.2018. The deceased committed suicide by hanging in the house of accused No.1 on 04.01.2024. Brother of the deceased lodged the first information alleging ill-treatment to the deceased by accused Nos.1 to 4. Petitioner and accused No.4 are the sisters of accused No.1. Investigation is completed and the charge sheet is filed.

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On perusal of the first information and even according to the charge sheet, except stating that the petitioner being the sister of accused No.1, demanded additional dowry and ill-treated the deceased both physically and mentally forcing her to commit suicide, there are no instances, which requires the petitioner for custodial interrogation. Admittedly, accused Nos.1 and 2 are already enlarged on bail. Accused

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4 - NC: 2025:KHC:245 CRL.P No. 13313 of 2024

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No.4 is said to be in abroad. It is not the contention of the prosecution that the petitioner is required for further investigation. Considering all these facts and circumstances, I am of the opinion that the petitioner 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 petitioner is ordered to be enlarged on bail in the event of her arrest in Crime No.3/2024 of Kaggalupura Police Station, pending in CC.No.3359/2024 on the file of the learned II Additional CJM, Bangalore, registered for the offences punishable under Sections 498A and 304(B) R/w Section 34 of IPC.

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

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a. The petitioner shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only)

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NC: 2025:KHC:245 CRL.P No. 13313 of 2024

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with two sureties for the likesum to the satisfaction of the Investigating Officer;

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b. The petitioner shall not commit similar offences;

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

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

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

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SD/(M G UMA) JUDGE

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BH List No.: 3 Sl No.: 6

Mr Priya G Fernandes v. State of Karnataka

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Mr Priya G Fernandes v. State of Karnataka

Case brief

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