High CourtsSingle Bench(2011) 03 KAR CK 0192

Kumbregowda, Sannamaramma, Nagendra and Mahadevamma vs State of Karnataka

Karnataka High Court · Decided on 4 March 2011

HON’BLE JUDGES
A.S. Pachhapure, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 685 of 2011

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Judgment

10 paragraphs · 500 words

A.S. Pachhapure, J.—The learned Counsel for the Petitioners submits that he does not press the petition insofar as Petitioners 3 and 4 are concerned.

2.

In view of the submission made, the petition filed by Petitioner Nos. 3 and 4 is dismissed as not pressed.

3.

The Petitioner Nos. 1 and 2 are the father-in-law and mother-in-law of the deceased-Prema. It is the case of the complainant that the Petitioners intended to sell the family property, for which the signature of the deceased was necessary. As she refused to sign the documents of transfer it is claimed that the Petitioners and other family members caused harassment and gave a threat to sign the sale deed and she refused, they abused her asking her to go and commit suicide. It is thereafter that on 12.12.2010 when the husband of the deceased had gone to "Shabarimalai", the deceased committed suicide by pouring kerosene and setting fire. She was taken to hospital immediately, but latex she succumbed to the burns. In these circumstances, the mother of the deceased filed a complaint against the Petitioners and other accused persons and the Petitioners have approached this Court for grant of anticipatory bail apprehending their arrest in the crime.

4.

The perusal of the petition reveal that the 1st Petitioner is the father-in-law, aged about 66 years, whereas the 2nd Petitioner is the mother-in-law, aged about 61 years, at the time of the incident and they are old aged. Even as could be seen from the allegations in the complaint, a general statement of harassment is made stating that all the members of the family used to abuse the deceased insisting her to put the signature on the sale deed. So, taking into consideration these circumstances and also the fact that the Petitioners are old aged persons, I am of the opinion that it is a fit case, wherein the anticipatory bail could be granted.

In the result, the petition is allowed. The Petitioners 1 and 2 are ordered to be released on bail in the event of their arrest in Crime No. 412/10 registered for the offence punishable under Sections 143, 498-A, 306 r/w. Section 149 IPC on their executing personal bond for a sum of Rs. 25,000-00 each with one solvent surety for the like sum each to the satisfaction of the arresting authority with the further following conditions:

1) The Petitioners shall appear before the Police concerned, within 15 days from today.

2) They shall be made available for interrogation by a police officer as and when they are required.

3) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) They shall attend the Court as and when directed.

5) They shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.