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Crl.Misc.No.6063/2022
IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 28 th DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL. MISC.No.6063/2022
Petitioner
Smt.Aruna @ Varalakshmi,
W/o Gangadhar,
Aged about 37 years,
R/at No.43, 9th Mainroad,
3rd Main, Mohankumar
Nagar, Bengaluru.
(By Sri.Mohan Kumar, Adv.)
AND
Respondent State by Karnataka
By Yeshwanthapura P S,
Bangalore City.
(By the learned Public
Prosecutor)
ORDER ON BAIL PETITION FILED U/S.439
OF Cr.P.C.
The petitioner has filed this petition U/s.439 of
Cr.P.C. praying for an order to release her on bail in
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Crl.Misc.No.6063/2022
her Crime No.193/2022 for the offences punishable
U/s.498A, 304B, 302, 201 r/w 34 of Indian Penal
Code and Sec.3 & 4 of D.P.Act.
2. The facts are as under:
One Lakshmidevi was legally wedded wife of
accused No.1. Their marriage was solemnized about
5 years back at Pavagada. At the time of marriage, the
accused No.1 had received gold ornaments, watch
and cash of Rs.50,000/- as dowry.
After marriage,
the accused No.1 and his wife stayed at Yelahanka,
Bengaluru.
Thereafter, they shifted to Krishnappa
Bldg, Mohankumarnagar, Yeshwanthapur. After some
time, the accused No.1 started to harass his wife and
demanded cash of Rs.2,00,000/- and gold bracelet.
He has developed illicit relationship with other lady
and neglected his wife.
3. About one year back, Lakshmidevi informed
the complainant about the attitude of her husband
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Crl.Misc.No.6063/2022
and
expressed
complaint.
her
willingness
to
lodge
police
The complainant advised his sister and
bring her back to the house of accused No.1. On
03.6.2022 at about 6.00p.m, Lakshmidevi called the
complainant
over
phone
and
alleged
that
her
husband, his brother Gangadhar and sister-in-law
Aruna were harassing her and treated her with
cruelty. She has further alleged that they are
demanding dowry and requested the complainant to
give money. The complainant consoled his sister and
told her to come back to his house.
4.
On
04.06.2022
at
about
2.00a.m,
the
complainant called accused No.2 through over phone
and at that time, the latter told that his sister is not
well. On the same day at 6.00a.m, the accused No.2
intimated the complainant that his sister is no more.
Immediately, the complainant visited the house of
accused No.1 and noticed injuries on neck and right
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Crl.Misc.No.6063/2022
side face of his sister.
He inquired the parents of
accused No.1. They told that the accused No.1 and 2
brought the dead body and they are not aware of the
whereabouts of accused No.1 and 2. It is alleged that
the
accused
persons
with
common
intention
committed murder of sister of the complainant and
laid dead body in front of the house of accused No.1.
5. Grounds:1. The petitioner is innocent and she is no way
connected to the alleged offence.
2. She is a house wife. Her husband is working
at BWSSB and she has got 2 minor daughters.
3. The husband of the petitioner is a far relative
of accused No.1
4. The husband of the petitioner hails from
Solanayakanahalli and accused No.1 hails from
Buddhareddyhalli, Pavagada Taluk.
5. The deceased was residing in her in-laws
house and the accused No.1 was residing in
Bengaluru.
6. Accused No.1 came to Buddhareddyhalli on
26.05.2022 due to death of grandmother of the
deceased and went away.
7. It is alleged that the body of the deceased was
brought to the house at Buddhareddyhalli on
04.06.2022 at 6.30a.m by the accused No.1 and
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Crl.Misc.No.6063/2022
2. But the husband of the petitioner was on
duty.
8. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, she has requested to
allow the application.
6. The learned Public Prosecutor has filed the
objections with C.D and re-iterated the complaint
averments. The allegations against the petitioner are
serious and she is not entitled to bail. If the bail is
granted, she may threaten the complainant and other
witnesses.
Hence,
prayed
for
dismissal
of
the
application.
7. Heard both.
8. The points that arises for consideration of this
Court are as under:
1. Whether the petitioner has made
out any grounds to release her on
bail?
2. What order?
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Crl.Misc.No.6063/2022
9. This Court has answered the above points are
as under:
Point No.1:
Point No.2:
In the negative.
As per final order
for the following:REA S ON S
10. Point No.1: It is alleged that the petitioner
and other accused persons with common intention
harassed the sister of the complainant, demanded to
bring dowry and committed murder.
The objection
statement
filed
that
conducted
mahazar,
by
I.O.
discloses
recorded
the
he
statement
has
of
witnesses and seized the incriminating materials. He
has further submitted that he has recorded the
voluntary statement of the petitioner, wherein she has
admitted the guilt.
11. It is true that it is not a stage to discuss the
value of the alleged voluntary statement, alleged as
recorded by I.O. But, the matter is still under
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Crl.Misc.No.6063/2022
investigation.
Further,
the
alleged
offences
are
heinous. At the time of investigation, I.O. has
included Sec.302 and 201 of IPC. At this stage, if she
is released on bail, she may tamper the witnesses and
try to abscond from the jurisdiction of the court.
Looking into the nature and gravity of the case, it is
not proper to grant bail in favour of the petitioner.
Accordingly, I answer point No.1 in the Negative.
12. Point No.2: In view of answer of this Court
on point No.1, this court proceed to pass the
following:O RDE R
The bail petition filed by the petitioner
U/s.439 of Cr.P.C, is hereby dismissed.
(Typed to my dictation by the Stenographer directly on Computer, corrected
by me and then pronounced in open Court on this the 28th day of June,
2022)
(K.S.Jyothishree)
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Crl.Misc.No.6063/2022
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
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Crl.Misc.No.6063/2022
Order pronounced in the open court
vide its separate order
O RDE R
The bail petition filed by the
petitioner U/s.439 of Cr.P.C. is
hereby dismissed.
(SANDHYA.S)
LXXI Addl. City Civil & Sessions Judge, Bengaluru.