IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4199/2019 BETWEEN:
Smt. Jayalakshmi, Aged about 42 years, W/o. Yoge Gowda, R/o Chikkade Village, Pandavapura Taluk, Mandya District – 571 434. ... Petitioner (By Sri. H.C.Hanumaiah, Advocate) AND:
State of Karnataka, By Pandavapura Police Station, Represented by State Public Prosecutor High Court Building, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Code of Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.48/2019 (C.C.No.299/2019) of Pandavapura Police Station, Mandya for the offences punishable under Sections 143, 147, 324, 114, 302, 307, 149 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.48/2019 for the offences punishable under Sections 143, 147, 324, 307, 302 and 149 of IPC.
2. The case that is made out by the prosecution is that the accused No.3 had taken away Sahana and celebrated marriage of Sahana with accused No.2 during the year 2018 and it is stated that in that regard, there was a panchayath in the village. It is further stated that Sahana had gone to the house of her husband and it is alleged that she was being ill treated for dowry and in that connection, a complaint was given to the Pandavapura Police Station. It is stated that on 18.02.2019 and 19.02.2019 as there was a festival of goddess Deveeramma in the village, there was a procession of the deity. It is alleged that when the procession had reached Lakshminarasimhaswamy temple, the deceased was assaulted by accused Nos.1 to 5. The deceased succumbed to injuries and died. On the basis of the complaint made, FIR was registered and charge sheet has been filed.
3. Learned counsel for the petitioner states that even as per the case made out in the charge sheet against accused No.6, the only role assigned to accused No.6 is that, she had thrown the chilli powder. The overt acts are against the other accused and primarily against accused No.1. Accordingly, it is stated that as the charge sheet is filed and looking into the nature of imputations made in the charge sheet against the petitioner, the petitioner is entitled to be enlarged on bail.
4. Taking note of the fact that the investigation is complete and the charge sheet has been filed and also noting that the overt acts are against the other accused and the only imputation made against the petitioner is that she threw the chilli powder, the petitioner has made out a case to be enlarged on bail. It is noted that the petitioner is a lady and proof of offence is a matter for trial. Accordingly, the petitioner is entitled to be enlarged on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.48/2019 for the offences punishable under Sections 143, 147, 324, 307, 302 and 149 of IPC, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE SJK