IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 2509/2019 BETWEEN KAVITHA W/O VIJAYKUMAR AGED ABOUT 28 YEARS R/A. # 10/11, KEMPANNA CROSS DODDAMAVAHALLI BENGALURU – 560 0030 ... PETITIONER (BY SRI. D. MOHAN KUMAR, ADVOCATE FOR SRI. M. KRISHNE GOWDA., ADVOCATE) AND STATE OF KARNATAKA STATE BY KALASIPALYA P.S REP. BY HIGH COURT GOVT PLEADER HIGH COURT OF KARNATAKA BENGALURU ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 5/2019 OF KALASIPALYA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. The complainant by name Smt. Indrani lodged a complaint stating that, she had two sisters by name Parvathamma and Baby and three brothers by name Vijay Kumar, Subramani and Manjunath. The said Subramani was residing along with his brother Vijaya Kumar and his wife Smt. Kavitha along with another sister ie., Baby and her two sons. The other brother Manjunath was residing along with his wife and children separately. In this background, it is alleged that, on 02.01.2019 at 2.00 p.m., the husband of the petitioner/accused by name Vijayakumar telephoned to the husband of the complainant stating that the deceased Subramani is dead. Thereafter, all these persons came to the house of Vijayakumar and saw the dead body of the deceased Subramani and suspected his death. Hence, after the post-mortem examination they came to know that Subramani died due to asphyxia as a result of strangulation. On the basis of such information, the complainant lodged a complaint against the petitioner, which initially came to be registered in UDR No.2/2019 and thereafter in Crime No.5/2019 for the offences punishable under Section 302 of IPC and the police after thorough investigation, laid charge sheet against the petitioner/accused, 3. Learned counsel for the petitioner submitted that, there are many people residing in the said house. The entire case revolves around the voluntary statement of the petitioner/accused-Kavitha that, she informed her husband and others that she actually tried to wake him up but, he did not wake-up and she noticed that he was dead. Therefore, the prosecution has to prove beyond reasonable doubt that, actually the petitioner/accused has committed the murder of the deceased by strangulation. It is also not available in the charge sheet that actually what transpired on the particular date of incident and how many persons were present in the house. All those things to be thrashed out during the course of full-dressed trial.
4. In the above facts and circumstances of the case, proviso to Section 437 Cr.PC. would come to the help of the petitioner herein. Even at this stage, if the court comes to the conclusion that, a strong prima facie case is made-out against a woman, still the court can exercise its discretion and it may enlarge a lady on bail with conditions. Though the petition is filed under Section 439 of Cr.PC, the proviso to Section 437 can be equally made use of. The said proviso says that, even if there appears reasonable grounds for believing that the accused is guilty of the offences punishable with death or imprisonment for life, provided the Court may direct that the person referred to in Clause (i) or Clause (ii), be released on bail, if such person is under the age of sixteen years or is a woman or is sick or infirm. Therefore, in the above circumstances, in my opinion, as the petitioner/accused has been in jail since 05.01.2019 and the charge sheet has already been filed, she is entitled to be enlarged on bail during the trial, with certain conditions. Hence, the following order:
ORDER The petition is allowed. The petitioner/accused- Kavitha shall be released on bail in connection with Crime No.5/2019 of Kalasipalya Police Station, Bengaluru, registered against her for the aforesaid offences, which is now pending on the file of 8th Addl. CMM Court, Bengaluru City, subject to the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like- sum 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.
KGR* Sd/-
JUDGE