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2025 DAILYLAW 35851 (KAR)

SMT. PUSHPALATHA N v. STATE BY SHO BY WOMEN POLICE STATION

CRL.P/13062/2024 · 2025-01-27

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:3505 CRL.P No. 13062 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13062 OF 2024 BETWEEN: SMT. PUSHPALATHA N., W/O SRINIVAS MURTHY K., AGED ABOUT 34 YEARS, R/AT NO.272/B, 11TH A MAIN ROAD, KORAMANGALA, 4TH BLOCK, NEAR MAHARAJA HOTEL, AGARA, BANGALORE, KARNATAKA - 560 034. …PETITIONER (BY SRI. VENKATESH C.R., ADVOCATE) AND: STATE BY SHO BY WOMEN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN CR.NO.87/2024 WHICH IS REGISTERED BY THE TUMAKURU WOMEN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 307, 114, 354, 355, 504, 506 R/W 34 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, BY IMPOSING ANY CONDITIONS BY ACCEPTING SURETY. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3505 CRL.P No. 13062 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 of BNSS, 2023, seeking to enlarge the petitioner / accused No.1 on anticipatory bail in Crime No.87/2024 registered by Tumakuru Woman Police Station. 2. A complaint was lodged on 06.05.2024 by Smt. Niveditha S., wife of Srinidhi, against her husband and in-laws, on the basis of which the aforementioned crime was registered for offences punishable under Sections 498A, 323, 307, 114, 354, 355, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 3. Accused No.1 is the husband, accused Nos.3 and 4 are the parents-in-law, accused No.2 is the brother- - 3 - NC: 2025:KHC:3505 CRL.P No. 13062 of 2024 in-law, accused No.5 is the sister-in-law of the first informant. Accused No.6 is a friend of accused No.1. 4. The gist of the complaint are that, marriage of first informant with accused No.1 was performed on 06.05.2021 at Bandimane Kalyana Mantapa, Tumkur City, as per Hindu tradition. At the time of marriage, accused demanded dowry of rupees five lakhs and another five lakhs towards marriage expenses. A total sum of Rs.5,00,000/- was given and first informant's father spent about six lakhs towards marriage expenses and also for jewelleries for the informant and her husband, in all he has spent about rupees fifteen lakhs. In her matrimonial home, she was looked after properly for only one month and thereafter, she was subjected to cruelty, in connection with dowry etc., It is alleged, the accused have picked up quarrel with her and also attempted on her life and she was sent to her parental home and not taken back etc. 5. Various allegations are made alleging cruelty meted to the first informant in connection with dowry. The - 4 - NC: 2025:KHC:3505 CRL.P No. 13062 of 2024 allegations against the petitioner, arraigned as accused No.5 in the FIR is that, she too was instigating accused No.1 and at her instance, he was harassing her. It is alleged that petitioner was visiting the house of accused No.1 and instigating him that he should give divorce to his wife. Further, when first informant became pregnant, petitioner instigated accused No.1 that pregnancy should be aborted. 6. Petitioner is the sister-in-law. Admittedly, she is residing in Bengaluru along with her husband and children. The allegations that the petitioner used to visit the house of accused No.1 and instigating him that he should give divorce to his wife and abort the pregnancy etc., and on account of said instigation, accused No.1 was harassing the first informant etc., is a matter which has to be established in due course. As per complaint averments itself, first informant delivered a baby on 28.08.2022. 7. There is no sufficient material at this stage to deny the relief sought by the petitioner. Petitioner has - 5 - NC: 2025:KHC:3505 CRL.P No. 13062 of 2024 undertaken to cooperate with the investigation of the case and to furnish surety to ensure her presence whenever required. Hence, the following:- ORDER (i) Petition is allowed. (ii) Petitioner/accused No.5 in Crime No.87/2024 registered by Tumakuru Women Police Station, shall be released in the event of her arrest, subject to following conditions: a) She shall appear before the Investigating Officer within a period of ten days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with a surety for the likesum. b) She shall furnish proof of her residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. - 6 - NC: 2025:KHC:3505 CRL.P No. 13062 of 2024 c) She shall co-operate with the investigation of the case. d) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 20 CT: BHK