-1- IN THE HIGH COURT OF KARNATAKA CiRCUIT BENCH AT DHARWAD DATED THIS THE 19’ DAY OF APRIL, 2011 BEFORE THE HONBLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10533/2011 Between: 1. Siddappa S/o.Hanamantappa Jiragawad, Age 26 years, 0cc.: Coolie, R/o.Gudikatti, Tq.: Bailhongal, District Belgaum. 2. Hanamantappa S/o.Basappa Jiragawad, Age 70 years, 0cc.: Nil, R/o.Gudikatti, Tq.: Bailhongal, District Belgaum. 3. Fakirawwa W/o.Hanamantappa Jiragawad, Age 60 years, 0cc.: Household work, R/o.Gudikatti, Tq.: Bailhongal, District Belgaurn. 4. Basappa S/o.Hanamantappa Jiragawad, Age 20 years, 0cc.: Coolie, R/o.Gudikatti, Tq.: Bailhongal, District Belgaum. Petitioners (By Sri.AniI Kale, Advocate) And: The State of Karnataka, Represented by S.P.P., Circuit Bench, Dharwad, Dodawad Police Station, Respondent (By Sri.Vinayak Kulkarni, HCGP) -2- This criminal petition is filed u/S.438 of Cr.P.C. seeking to grant bail to the petitioners in the Doddawad P.S. crime No.28/2011 for the offences p/u/s. 498(A), 304(B) r/w 34 of ‘PC. This petition coming on for orders this day, the Court made the following: ORDER Heard petitioners’ counsel Sri.Anil Kale and also the learned High Court Government Pleader for the respondent- State. 2. The petitioners seek anticipatory bail following a case being registered against them in Crime No.28/2011 for the offences punishable under Section 498(A) and 304(B) read with Section 34 of the IPC and the complaint allegations are that, the petitioner being the husband, in-laws and brother- in-law of deceased Kasturewwa subjected the deceased to dowry harassment and on account of the same, Kasturewwa died by setting herself on fire. 3. The submission of the petitioners’ counsel is that, the child of the deceased is with 3n1 petitioner Fakirawwa, mother-in-law, and therefore, the court may consider the prayer of the said petitioner for grant of bail. 4. On the ether hand, the submission of the learned High Court Government Pleader for the respondent-State is that, all the accused harassed the deceased demanding dow and the death occurred within seven years of her marriage. Taking note of the above submissions, and having regard to the submission macic by the petitioners’ counsel that the child of the deceased is with 3 petitioner Fakirawwa, in my view, this petitioner can be released on bail on the ground of humanitarian consideration and in the interest of the child in question, the following order is passed: ORDER Bail petition is rejected in respect of petitioner Nos. 1. 2 and 4 and bail is granted to the 3rd petitioner subject to the following conditions: i) In the event of the arrest of the 3rd petitioner in connection with Crime No.28/2011, she shall be released on bail subject to her furnishing a personal bond for 50,O00,’ with two sureties for the like sum to the satisfaction of the arresting police officer. ii) She shall not tamper with the evidence and shall not give threat to the witnesses. J.. 4 iii) She shall appear before the investigating officer as and when she is called upon to do so and shall assist the investigating officer in the investigation. iv) She shall mark her attendance before the jurisdictional polie station on every Sunday between 10.00 a.m and 5.00 p.m. till the filing of the charge sheet. v) She shall not involve herself in like offences in future. vi) The other petitioners are at liberty to move for bail after filing of the charge sheet. Sd/ JUDGE Vnp