IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4945/2019 BETWEEN 1. ANNAMMA W/O D.DORESWAMY AGED 60 YEARS R/O NO. 39, 1ST MAIN ROAD SHARADAMBANAGAR JALAHALLI VILLAGE BENGALURU – 560 013 2. NETHRAVATHI SELVAKUMAR ACHARYA W/O SELVAKUMAR ACHARYA AGED 31 YEARS R/A. NO. 604, BLDG – B -2 BHARAT JANTA CHS INDIRA NAGAR DHARAVI MUMBAI MUMBAI MAHARASTRA – 400 017 ... PETITIONERS (BY SRI. NARASIMHA REDDY, ADVOCATE) AND STATE OF KARNATAKA BY JALAHALLI POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU BENGALURU – 560 001 …. RESPONDENT (BY SRI. K.P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.44/2019 OF JALAHALLI P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 341, 323, 324, 354, 504, 506 AND 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned Counsel for the petitioners and learned HCGP for the respondent. Perused the records.
2. The allegations made against the accused persons are that on 2.6.2019 in the evening at about 8.00 p.m., all the accused persons have joined together and assaulted the wife of the complainant Smt. Jayalakshmi with reference to the previous quarrel between them. In this context, it is alleged that the petitioners have caught hold the hands of the victim and pushed her down and assaulted her. The main allegations are against accused Nos.1 and 2, who have assaulted with the deadly weapons like club and chopper on the head of the complainant and also the other accused persons assaulted the victim lady. The nature of allegation made against the petitioners is that they have caught hold the hands of the victim and pushed her on the ground. Except that, there is no other allegation which attracts Section 307 of IPC. The other offences are bailable in nature. The petitioners are women folk and they are in fact entitled to be enlarged on bail by imposing stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.44/2019 of Jalahalli Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/-
JUDGE Cs