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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 04TH DAY OF DECEMBER 2012

BEFORE

THE HON’BLE MR.JUSTICE K.N.KESHAVANARAYANA

CRIMINAL PETITION No.6996 OF 2012

BETWEEN:

Gowramma
W/o. Late Basappa
Aged about 65 years
Residing at Harohalli
Varuna Hobli,
Mysore Taluk – 570 049.
...Petitioner

(By Shri. Rajendra Prasad, Sr. counsel for Sampath

Kumar P., Advocate)

AND:

State of Karnataka
By South Police
Mysore – 570 040.
…Respondent

(By Shri. B.Raja Subramanya Bhat, GP.,)

This Criminal Petition is filed under Section 438 of

the Code of Criminal Procedure praying that this
Hon’ble Court may be pleased to enlarge the petitioner
on bail in the event of her arrest in Crime No.293/2012
of Mysore South P.S., Mysore Dist., which is registered
for the offence P/U/S. 498 A, 302, 304 B r/w. 34 of IPC
and Section 3 and 4 of D.P.Act.
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This Criminal Petition coming on for orders on this

day, the Court made the following: -

ORDER

In this petition filed under section 438 Cr.P.C the

petitioner arraigned as accused No.2 in Crime

No.293/2012 of Mysore South Police Station registered

for the offences punishable under Sections 498A, 302,

304B r/w Section 34 IPC has sought for relief of

anticipatory bail, apprehending her arrest in connection

with the said case.

2. Manjula, D/o Sundrappa resident of

Harohalli village in Kollegala Taluk is the deceased in

the case. She was married to accused No.1, son of this

petitioner about five years prior to 08.08.2012. The said

Manjula was found dead apparently on account of

hanging on 08.08.2012 in the matrimonial home at

about 8.00 p.m., On receipt of information, father of

the deceased came to the scene of occurrence, saw his

daughter lying dead and thereafter at about 8.30 p.m.,

on the same day, he lodged a report, interalia alleging

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that his daughter had been subjected to physical and

mental cruelty by her husband, as he was every day

going home fully drunk and he was coercing her to

bring money from her parental home and on

08.08.2012, he appears to have killed her and hanged

the dead body to make it appear that she has

committed suicide. On the basis of the said report,

case came to be registered and investigation was taken

up. On coming to know of the registration of the case,

the petitioner apprehending her arrest, filed petition

under Section 438 Cr.P.C before the learned Sessions

Judge, Mysore and the said petition came to be rejected.

Therefore, the petitioner is before this court.

3. The petition is opposed by respondent-State.

4. I have heard both the sides and perused the

records made available.

5. Sri.Rajendra Prasad, learned Senior Counsel

appearing for the petitioner contended that, the

contents of the complaint alleged by the father of the

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deceased does not prima facie indicate any of the

offences alleged against this petitioner. Therefore, the

petitioner is entitled for relief of anticipatory bail.

6. Admittedly the petitioner has been arraigned

as accused in the case registered by the respondent-

police for non bailable offence. Therefore, the

apprehension of the petitioner that she is likely to be

arrested is well founded.

7. Reading the contents of the complaint lodged

by the father of the deceased does not prima facie

indicate that the petitioner is guilty of any of the

offences alleged. The allegations made in the complaint

are all directed against accused No.1-husband of the

deceased. There are no specific allegations against this

petitioner having subjected the deceased to any kind of

cruelty or harassment. Therefore, at this stage, there

are no reasonable grounds to believe that the petitioner

is guilty of any of the offences alleged against her.

Hence, the petitioner is entitled for grant of anticipatory

bail.
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8. Hence the petition is allowed. The

respondent-police are hereby directed to release the

petitioner on bail in the event of her arrest, in

connection with the case in Crime No.293/2012 on her

executing personal bond for a sum of Rs.50,000/- with

one surety for the likesum to the satisfaction of the

Investigating Officer and subject to further conditions

that,

i) Upon such arrest and release, the

petitioner for the purpose of
investigation shall appear before the
Investigating Officer whenever called
upon to do so and co-operate in the
investigation of the case.

ii) The petitioner shall not tamper or

terrorise the prosecution witnesses in
any manner.

SD/-
JUDGE

GH