SAROJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.3 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.119/2024 of Sira Police Station, pending on the file of Principal Senior Civil Judge and CJM, Sira registered for the offences punishable under Ss. 3 and 4 of the Dowry Prohibition Act, 1961 and Ss. 114, 323. 376, 498A and 506 read with Sec. 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Smt.Kumuda.

(2.) Heard Sri. Sachin B.S., learned Counsel for the petitioner and Sri. Rajath, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.3. She has not committed any offence as alleged. She has been falsely implicated in the matter without any basis. He contended that the petitioner is a lady and she is the mother-in-law of the victim. The incident had taken place on 4/2/2024 and again on 9/3/2024. But there is inordinate delay in lodging the complaint as the same was lodged on 15/3/2024. Even though Sec. 376 of IPC is invoked, the same is against accused No.2. No injuries have been sustained by the victim to invoke Sec. 323 of IPC. The petitioner is aged more than 50 years and she is in judicial custody since 16/3/2024. Detention of the petitioner in custody would amount to pre-trial punishment. She is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.