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CRL.P No. 11736 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JANUARY, 2023

BEFORE

THE HON'BLE MRS JUSTICE M G UMA

CRIMINAL PETITION NO. 11736 OF 2022

BETWEEN:

1.

SMT. YASHODA BAI

W/O. SRI. SANJAY VARMA

AGED ABOUT 32 YEARS

R/O. NO. 7/72, 1^ST FLOOR

SECTOR - 6, ROHINI

NORTH WEST

DELHI - 110 039.

ALSO AT

R/O. NO. 2-27

NAGINAYANAI CHERUVU

THAANDA, ANANTHAPURA

ANDHRA PRADESH - 515 122.

2.

SMT. LEHARITHA BAI @ CHINNI

W/O. SRI. SUNIL KUMAR J

AGED ABOUT 39 YEARS

R/O. NO. 59, 3^RD CROSS

VIWERS COLONY

VISWASWARANAGAR

MYSURU - 570 008.

3.

SRI. SHANKAR NAIK

S/O. SRI. LATE. G. GOPE NAIK

AGED ABOUT 60 YEARS

R/O. NO. 2-27, NAGINAYANI

CHERUVU THAANDA

ANANTHAPURA

ANDHRA PRADESH - 515 122.

4.

SMT. ANUJA BAI

W/O. SRI. SHANKAR NAIK

AGED ABOUT 47 YEARS

R/O. NO.2-27, NAGINAYANAI

CHERUVU THAANDA

Digitally signed

by NANDINI B G

Location: High

Court Of

Karnataka

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CRL.P No. 11736 of 2022

ANANTHAPURA

ANDRA PRADESH - 515 122

&PETITIONERS

(BY SRI: SUMANTH .L. BHARADWAJ, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY HULLAHALLI POLICE STATION

NANJANAGUDU TOWN POLICE

SUB-DIVISION

MYSURU DISTRICT

REPRESENTED BY SPP - 560 001.

&RESPONDENT

(BY SRI: H.S. SHANKAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HER ARREST IN CR.NO.138/2022 OF HULLAHALLI P.S.,

MYSURU

DISTRICT

FOR

THE

OFFENCE

PUNISHABLE

UNDER

SECTIONS 498-A, 302, 304-B, 114 READ WITH SECTION 34 OF IPC

PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.)

AND JMFC NANJANAGUDU MYSURU DISTRICT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:

ORDER

The petitioners-accused Nos.2 to 5 are before this Court

seeking grant of anticipatory bail in Crime No.138 of 2022 of

Hullahalli Police Station, pending on the file of the Principal Civil

Judge (Sr.Dn.) and JMFC, Nanjanagudu, Mysuru District,

registered for the offences punishable under Sections 498-A,

302, 304-B, 114 read with Section 34 of Indian Penal Code (for

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CRL.P No. 11736 of 2022

short 'IPC'), on the basis of the first information lodged by the

informant Bhagya.

2.

Heard Sri Sumanth L Bharadwaj, learned counsel

for the petitioner and Sri H S Shankar, learned High Court

Government Pleader for the respondent-State. Perused the

materials on record.

3.

Learned counsel for the petitioners submitted that

the petitioners are arrayed as accused Nos.2 to 5. They are

innocent and law abiding citizen. They have not committed any

offences as alleged. They have been falsely implicated in the

matter only for the reason that they are the family members of

accused No.1. They are having reasonable apprehension of

being arrested, therefore, they are before this Court. The

marriage of the deceased with accused No.1 was performed on

26.03.2021. Accused No.1 and the deceased were residing

separately since about a year. Admittedly, these petitioners

being the sisters-in-law, father-in-law and mother-in-law of the

deceased, were residing separately. They are not responsible

for the incident in question. The petitioners are not required

for custodial interrogation. The petitioners are the permanent

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CRL.P No. 11736 of 2022

residents of the addresses mentioned in the cause title to the

petition and are ready and willing to abide by any of the

conditions that would be imposed by this Court. Hence, he

prays to allow the petition in the interest of justice.

4.

Per contra, learned High Court Government Pleader

opposing the petition submitted that even though serious

allegations are made against accused No.1 for having

committed the offences, these petitioners have also joined

hands in the commission of offences. The marriage between

the deceased with accused No.1 was performed on 26.03.2021.

The incident had taken place