Karnataka High Court

Smt. Shilpa Reddy C vs State By on 11 September, 2023

Author:
S Vishwajith Shetty

Bench:
S Vishwajith Shetty

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NC: 2023:KHC:32722
CRL.P No. 7063 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF SEPTEMBER, 2023

BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.7063 OF 2023
BETWEEN:

SMT. SHILPA REDDY C
W/O GOPINATH R.,
AGED ABOUT 42 YEARS,
R/AT KHARKANE PETE,
WARD NO.19, CHIKKABALLAPURA,
CHIKKABALLAPUR TOWN - 562 101.
...PETITIONER
(BY SRI. SHANKARAPPA S.,ADVOCATE)
AND:
1. STATE BY
CHIKKABALLAPURA
TOWN POLICE STATION.
Digitally
signed by 2. SHOBHA
VANDANA S C/O MANJUNATH,
Location: AGED ABOUT 42 YEARS,
High Court of ASHOK NAGAR WARD NO.1,
Karnataka VIJAYAPURA, DEVANAHALLI TALUK,
BANGALORE RURAL - 562 135.
...RESPONDENTS
(BY SMT. SOWMYA.R, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.82/2023 OF CHIKKBALLAPURA TOWN P.S.,
CHIKKABALLAPURA FOR THE OFFENCE P/U/S 498-A, 302, 304-
B R/W SEC.34 OF
IPC
AND SEC.3 AND 4 OF DP ACT 1961 ON
THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE (Sr.Dn.)
AND CJM COURT, CHIKKABALLAPURA.
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NC: 2023:KHC:32722
CRL.P No. 7063 of 2023

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

ORDER

Accused No.2 in Crime No.82/2013 registered by the

Chickballapura police station, Chickballapura, for the offences

punishable under Sections 498A, 302, 304B, 34 of IPC and

Sections 3 and 4 of the Dowry Prohibition Act, is before this

Court seeking anticipatory bail under Section 438 Cr.P.C.

2. Heard learned counsel for the parties.

3. On the complaint of Shobha wife of Manjunath, on

23.06.2023 FIR in Crime No.82/2023 was registered by the

Chickballapura Police Station, Chickballapura against one Lohith

Babu and three others. Petitioner is arrayed as accused No.2 in

the FIR. In the complaint, it is averred that the complainant's

daughter - Thejaswini was married to accused No.1 - Lohith

Babu on 07.02.2022. The complainant has stated that at the

time of marriage they had paid dowry to the accused persons

as per their demand. Inspite of the same, the accused persons

were torturing, harassing her daughter. In this regard,

panchayath was held and inspite of the same, the accused

persons continued to harass and torture the complainant's

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CRL.P No. 7063 of 2023

daughter. About 20 days prior to the complaint, complainant's

daughter - Thejaswini had suffered from typhoid fever, inspite

of that the accused persons did not take her to the hospital.

4. Thereafter, the complainant and her husband

brought their daughter to their home and got treated and on

21.06.2023 they had left her in her matrimonial home. On

23.06.2023 at about 10.00 A.M., the complainant was informed

by her son that the complainant's daughter - Thejaswini was

not receiving the phone. She immediately telephoned the

accused and he informed her that her daughter - Thejaswini

had committed suicide by hanging herself to a fan in a room.

Immediately, the complainant and her family members went to

the house of Lohith Babu and thereafter, had approached the

police and filed the compliant, which has resulted in registration

of FIR in Crime No.82/2023.

5. Apprehending arrest in the said case, petitioner had

filed Crl.Misc.No.387/2023 before the I Addl. District & Sessions

Judge, Chikkaballapura, which was dismissed as against her.

Therefore, the petitioner is before this Court.

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CRL.P No. 7063 of 2023

6. Learned counsel for the petitioner submits that the

petitioner is a lady aged about 42 years and she is residing

separately with her husband, who is the elder brother of

accused No.1. It is submitted that even though the entire

prosecution material is presumed to be proved, no case against

the petitioner for the offence under
Section 304B
can be made

out.

7. Per contra, learned HCGP has opposed the bail

application and submits that having regard to the seriousness

of charges against the petitioner, custodial interrogation of the

petitioner is required.

8. The complainant is the mother of the deceased -

Thejaswini. Thejaswini and her husband - Lohith Babu, who is

accused No.1 in the FIR are stated to be residents of Ward

No.19 of the Chickballapur District, whereas the material

produced by the petitioner along the criminal petition would go

to show that she along with her husband - Gopinath were

residing in a premises at Ward No.24 of Chickballapur District.

The inquest mahazar would go to show that the body of

Thejaswini was found hanging in a room in her husband's

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CRL.P No. 7063 of 2023

house and the door of the room in which Thejaswini had

hanged herself was broke open and thereafter, the body was

brought down and the post-mortem report of the Thejaswini

would go to show that death was due to asphyxia as a result of

suspension by the neck (antimortem hanging).

9. This material prima-facie would go to show that

Thejaswini had died by committing suicide and she had left a

death note before committing suicide. In the said note it is

stated that the accused persons have tortured her and there is

no mention of any demand for payment of dowry either

immediately prior to she committing suicide or even earlier to

the same. For the purpose of attracting offence under
Section

304B
of IPC there should be some material to show that the

accused persons had harassed or tortured the deceased

immediately prior to she committing the act of suicide and such

harassment or torture should be in respect of demand for

dowry. Such material is not present in the death note of the

deceased. Petitioner is a lady aged about 42 years. Accused

No.1 and his brother accused No.3 have been arrested in the

case and they are in custody.

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CRL.P No. 7063 of 2023

10. Under these circumstances, I am of the view that

the petitioner's prayer for grant of anticipatory bail is required

to be answered in the affirmative.

11. Accordingly, petition is allowed. The respondent -

Police or any other police in the State of Karnataka are directed

to release the petitioner in the event of his arrest in Crime

No.82/2023 registered by the Chickballapura police station for

the offences punishable under Sections
Sections 498A
,
,

304B
,
of IPC and
Sections 3
and
of the Dowry Prohibition

Act, subject to the following conditions:

(i) The Petitioner shall appear before the
Investigating Officer within 15 days from the date of
receipt of the copy of this order and shall execute a
personal bond for a sum of Rs.1,00,000/-(One lakh
only) with two sureties for the likesum to the
satisfaction of the investigating officer.

(ii) Petitioner shall regularly appear before
the Trial Court without fail unless exempted by the
Trial Court for valid reasons.

(iii) Petitioner shall not tamper with the
prosecution witness and she shall co-operate with
the police for investigation and appear before them
whenever called upon.

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CRL.P No. 7063 of 2023

(iv) The petitioner shall not involve in similar
offences in future.

Sd/-

JUDGE

SV

List No.: 1 Sl No.: 70