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Case Title: AKKAMMA and others versus STATE OF KARNATAKA

Case No: CRL.P No. 3498 of 2024

Decided on: 16th May , 2024

Quorum: THE HON’BLE MR JUSTICE H.P. SANDESH

Facts of the case

The charges under Sections 498-A and 306 of the IPC are the basis for a bail petition filed under Section 438 of the Cr.P.C. A Ration Card was submitted by the petitioners, who are the victim’s in-laws and brother-in-law, to demonstrate that they live apart from the accused. The complaint specifically names the petitioners in relation to the victim’s marriage, dowry demands, and alleged assault that resulted in her death. The terms of the bail include turning yourself in to the investigating officer, posting a bond, collaborating, not interfering with the investigation, and certifying your attendance on a monthly basis.

Issues

In accordance with Sections 498-A and 306 of the IPC, what bail requirements have been placed on the petitioners in this case?

Legal Provisions

Legal provisions concern the bail requirements imposed on the petitioners under Sections 498-A and 306 of the IPC.

Appellant’s contention

According to the appellant, certain claims in the complaint pertain to an assault that resulted from the husband, in-laws, and brother-in-law demanding Rs. 20, 000, and the petitioners were charged with crimes under Sections 498(A) and 306 of the Indian Penal Code. Details of the instances that lend credence to the husband’s Section 306 crime are included in the complaint. According to the appellant, these accusations support the denial of bail to the applicants. These requirements include turning themselves in within ten days, posting a bond of Rs. 2,00,000, cooperating with the investigating officer, securing authorization before departing the area, and demonstrating monthly attendance before the investigating officer

Respondent Contentions

The respondent argues that certain accusations in the complaint that is, a demand for Rs. 20,000,000,000 by the husband, in-laws, and brother-in-law justify the invocation of charges against the petitioners under Sections 498(A) and 306 of the Indian Penal Code. The complaint describes the instances that support the husband’s Section 306 violation, highlighting the gravity of the claims and providing justification for the petitioners’ denial of bail.

Court Analysis and Judgement

In relation to the offenses under Sections 498-A and 306 of the IPC, the court permitted the petitioners’ release on bail under Section 438 of the Cr.P.C. The terms of the bail include turning yourself in within 10 days, posting a bond of Rs. 2,00,000, assisting the investigating officer, not obstructing the investigation, getting consent before departing the area of responsibility, and registering monthly attendance in front of the investigating officer.

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Judgement Analysis Written by – K.Immey Grace

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