IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 3448 OF 2019 BETWEEN:
GAYATHRI W/O UMESH AGED ABOUT 35 YEARS R/AT: KODIHALLI GRAMA MADURE HOBLI DODDABALLAPURA TALUK DODDABALLAPURA – 561205.
... PETITIONER (BY SRI D. MOHAN KUMAR, ADVOCATE FOR SRI C.V. GAJENDRA, ADVOCATE) AND STATE OF KARNATAKA STATE BY DODDABELAVANGALA P.S. REPTD., BY HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BANGALORE – 560 001.
... RESPONDENT (BY SRI HONNAPPA, HCGP FOR RESPONDENT) CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 18/2019 OF DODDABELAVANGALA P.S., BANGALORE FOR THE OFFENCE P/U/S 302 AND 201 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner. Perused the records.
The brief facts of the prosecution case, as could be seen from the material available on record is that the petitioner is no other than the wife of one Umesh and after marriage they lived happily together and were blessed with three children. Thereafter, sometime, rift started between the husband and wife, because of this petitioner developed illicit intimacy with accused No.1. Therefore, petitioner and accused No.1 hatched a conspiracy to do away life of deceased – Umesh. In this context it is alleged that on 24.2.2019 in furtherance of the said conspiracy between accused Nos.1 and 2, accused No.2 had taken the assistance of the juvenile offender – accused No.3 and they took the deceased along with them near Ujini Hill, Jalagere Village and thereafter, accused No.3 – Juvenile offender had tightly caught hold the legs of the deceased and accused No.1 strangulated his neck and thereafter, threw a stone on the chest of the deceased several times and caused death of the said person. After investigation, the charge sheet has been filed. There are serious allegations against accused Nos.2 and 3 as they have participated personally in committing the murder of the deceased. It is nowhere stated that accused no.3 was with accused Nos.2 and 3 and had participated personally in the commission of offence. It is the allegation against the petitioner that she was one of the conspirator and according to her instance, accused Nos.2 and 3 have committed murder of the deceased. This particular aspect of illicit intimacy between accused Nos.1 and 2 or abatement by accused Nos.1 and 2 has to be established in a full fledged trial as there is no direct participation of the petitioner as on the date of the incident. Further, she being a lady she is also entitled for bail under proviso to Section 437 of Cr.P.C. Under the above said circumstances, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.18/2019 of Doddabelavangala Police, pending on the file of Additional Civil Judge & JMFC, Doddaballapura, registered for the offences punishable under Sections 302, 201 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against her is disposed of.
Sd/- JUDGE DKB