Karnataka High Court
CRL.P/9343/2017 of SHARMILA KUMARI NATH Vs THE STATE OF KARNATAKA on 28 December 2017
COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9343/2017 BETWEEN SHARMILA KAMINI NATH W/O ALFRED STEPHEN DAVID AGED ABOUT 37 YEARS R/AT No.58, SRINIVASAREDDY LAYOUT RAMAMURTHY NAGAR BENGALURU
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28[TH]DAY OF DECEMBER, 2017.
BEFORE.
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.9343/2017
BEIWEEN
SHARMILA KAMINI NATH.W/O ALFRED STEPHEN DAVIDAGED ABOUT 37 YEARS.R/AT No.58, SRINIVASAREDDY LAYOUTRAMAMURTHY NAGARBENGALURU - 560 O16.
_ PETITIONER
(BY SRI SYED KALEEL PASHA, ADVOCATE)
AND
THE STATE OF KARNATAKAREP. BY RAMAMURTHY NAGARPOLICE STATION BENGALURU-16|REP. BY SPP, HIGH COURT OF|KARNATAKA, BENGALURU - O1.
RESPONDENT|
(BY SRI K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION4°38 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ONBAIL IN THE EVENT OF HIS ARREST IN CR.No.460/201/7OF RAMAMURTHY NAGAR P.S., BENGALURU FOR THE|OFFENCE PUNISHABLE UNDER SECTION 306 OF [PC.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 438 of Cr.P.C.praying to enlarge the petitioner on bail in the event of)her arrest in Cr.No.460/2017 of Ramamurthy Nagar P.S.,Bengaluru, for the offence punisnable under Section 306 otfIPC. |
2. Heard learned counsel for petitioner and learnedHCGP for respondent.
3. The complaint was lodged by the complainant on12.10.2017 stating that Alfred Stephen David married to |the petitioner Smt. Sharmila Kamini Nath and had set up)marital house at Ramamurthy Nagar, Bengaluru. Sne was)harassing her husband Alfred Stephen David and had keptnim under constant torture and aiso used to threaten tnat.she would send him to jail, and kept under constant threat|he was unable to bear the torture of his wife and/é§committed suicide by hanging. Thus, a case came to be)
registered against the petitioner in Cr.No.460/2017 for)the offence punishable under section 306 of IPC.
4. Learned counsel for petitioner would submit thatpetitioner has no criminal background and she has been)unnecessarily Nooked up in the case.
5. Learned HCGP would oppose the grant of bail. Itis a case wherein husband commits suicide to escape from the clutches of his wife and content fear and fortune.
6. In the context of circumstances of the case and=-§sconsidering the’ relationship and the status of thepetitioner being the wife of the deceased and the mother|of two children, it is just and proper to grant the relief ofanticipatory bail, however the apprehension of the.prosecution would he taken care by the conditions. |
7. Accordingly, the criminal petition is.allowed.
(I) The petitioner in the event of her arrest in)Cr.No.460/2017 of Ramamurthy Nagara Polcie Station, Bengaluru shall be released on bail, subject to thepetitioner executing a personal bond for a sum ofRs.1,00,000/- with one solvent surety for the likesum.
(il) Tne.petitionerSnall|notterrorizethe.witnesses or tamper with the prosecution evidence.
(iil) The petitioner shall not leave Karnatakaborder without prior permission till the completion of |tne case.
tsn*
Sd/-'
JUDGE