IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7378/2017 BETWEEN:
Smt.Chandrabai W/o Mansingh Aged about 40 years, Residing at No.43/1, MVR Block, J.C.Nagar, Bangalore – 560 006.
... Petitioner (By Sri.A.S.Kulkarni, Advocate) AND:
State of Karnataka By J.C.Nagar Police Station, Bangalore – 560 006.
Represented by State Public Prosecutor, High Court Buildings, Bangalore – 560 001.
...Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Crime No.80/2017 of J.C.Nagaraj Police Station, Bengaluru City for the offence P/U/S 120(B), 203, 465, 302 and 201 read with 34 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking her release on bail of the offences punishable under Sections 302, 120(B), 201, 203, 465, 471 read with Section 34 of IPC, registered in respondent – police station Crime No.80/2017.
2. The case of the prosecution as per complaint averments is that, sister of the deceased is the complainant wherein it is stated that wife of the deceased i.e. the petitioner / accused No.1 herein was having illicit connection with accused No.2 because they worked in the same place. It is also mentioned in the complaint that the deceased was telling to the complainant about the illicit connection between accused Nos.1 and 2. The further averments in the complaint goes to show that accused Nos.1 and 2 gave supari to accused Nos.3 and 4 to eliminate the deceased and accordingly on the date of incident at about 6.00 P.M accused Nos.1 and 2 together came to the house on two wheeler vehicle and there afterwards they went inside the house. After sometime together they left the house. Two persons i.e. accused Nos.3 and 4 were coming towards the house. They met accused Nos.1 and 2 and they were talking together and accused Nos.3 and 4 went inside the house of the deceased. Then there was a galata in the said house. As the deceased was in the habit of consuming alcohol so thinking that he was making such galata. Even the neighbours did not went inside the house. Thereafter, it was noticed that the deceased was lying dead in the house. So the complainant raised suspicion as against accused Nos.1 and 2. On the basis of complaint, case came to be registered.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed produced by the learned counsel for the petitioner / accused No.1.
5. Looking into the material collected during investigation, the prima facie goes to show that the allegations of committing murder by overtact is against accused Nos.3 and 4. So far as accused No.1 is concerned, the allegations that she was having illicit connection with accused No.2. As well as accused Nos.1 and 2 together gave supari to accused Nos.3 and 4 with regard to the illicit connection between accused Nos.1 and 2 and the alleged conspiracy is concerned it is a matter for trial because even the sister of the deceased has only raised suspicion as against accused Nos.1 and 2. Now the investigation of the case is complete and charge sheet is filed. There are no eyewitness to the incident. The case of the prosecution rests on the circumstantial evidence. Hence, the petition is allowed.
6. Accordingly, petition is allowed.
Petitioner/accused No1 is ordered to be released on bail for the offence punishable under Sections 302, 120(B), 201, 203, 465, 471 read with Section 34 of IPC of IPC registered in Crime No.80/2017 subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE UN