IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 23rd DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10390/2011 BETWEEN: Smt. Gangawwa Naik Age: 55 years, 0cc: Housewife R/o. Panagutti, Tal. & Dist. Belgaum PETITIONER (By Sri. Shreevasta Suresh Hegde, Adv.) AND: The State of Karnataka Represented by the Public Prosecutor (Through the Kakati Police Station, Belgaum RESPONDENT (By Sri. Vinayak S. Kulkarni, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. SEEKING TO DIRECT THE KAKATI POLICE STATION, BELGAUM TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.329/2010 FOR THE OFFENCE P/U/S 498(A), 304(B) R/W 34 OF IPC IN THE EVENT OF HER ARREST. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the petitioner’s Counsel Sri. Shreevasta Suresh Hegde and the learned High Court Government Pleader for the State Sri. Vinayak Kulkarni, in respect of the anticipatory bail sought by the petitioner who along with her son are the accused in Crime No.329/2010 for the offences punishable under Section 498-A, 304-B R/w Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act. 2. The prosecution case in short is that, this petitioner being the mother-in-law and her son who is said to be the husband of the deceased Halavva, were giving cruel treatment to the deceased and unable to bear the harassment, the deceased committed suicide, 3. The petitioner’s Counsel Sri. Shreevasta Suresh Hegde submit that, the petitioner is an aged woman and she is suffering from ailments and the charge sheet has been submitted and therefore, the petitioner’s presence may not be required for investigation. Taking all these facts into account, the petitioner be granted anticipatory bail. 4. The learned High Court Government Pleader for the State opposes the bail on the ground that the petitioner’s name is also mentioned in the complaint. 5. Taking note of the above submissions and the husband of the deceased being the main accused is said to be in custody, insofar as this petitioner is concerned, as she is a woman and also said to be suffering from ailments and charge sheet also having been submitted, the petitioner under the circumstances can be directed 4 to be released on bail subject to the conditions to be imposed to safeguard the prosecution interest. 6. Hence, the petition is allowed. In the event of arrest, the petitioner be released on bail on her furnishing self bond for Rs.20,000/- along with two sureties for the likesum to the satisfaction of the arresting police officer, subject to the following conditions: 1. The petitioner shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. 2. She shall mark her attendance before the concerned jurisdictional police station on 15th and 3Qth of every month at any time between 10.00 a.m and 5.00 p.m. 3. She shall appear before the court on all dates of hearing without fail, 4. She shall not leave the place without the permission of the jurisdictional Magistrate. 5. If any of the bail conditions are violated, bail will be cancelled at the request of the prosecution. Sd! JUDGE gab/