IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5151/2019 BETWEEN:
Lalitamma W/o Mallappa Age : 58 years, Occ: Coolie R/at Bhaskar Rao Camp Harihar Taluk (By Sri V.A.Hiremath, Advocate) AND:
State of Karnataka by Malebennur Police Station Represented by State Public Prosecutor High Court Building Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.24/2019 (S.C.No.116/2019) of Malebennur Police Station, Davanagere for the offence punishable under Section 302 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The respondent-police have laid a charge sheet against the petitioner and accused No.1.
3. Looking to the allegations that deceased Nethravathi was given in marriage to accused No.1. Afterwards, said Nethravathi started living with the accused persons in the house of the accused. The accused No.1 has been suspecting the fidelity and conduct of the deceased. He has a strong assumption that said Nethravathi had developed illicit intimacy with some other man. In this context on 09.02.2019, accused No.2 caught hold the said Nethravathi and accused No.1 dashed her head to a stone and thereby deceased sustained severe injuries to her face and head due to which she succumbed to injuries later.
4. The petitioner is a lady aged about 58 years.
The allegations are that she actually caught hold the deceased, but accused No.1 is the person who actually dashed the head of the deceased to a stone so as to cause severe injuries. The common intention according to accused persons is to be established during the course of full dressed trial. Since the petitioner is a lady aged about 58 years and considering her overt act, the petitioner is entitled to be enlarged on bail particularly under Section 439 of Cr.P.C., as she has been in judicial custody from 10.02.2019. Hence the following:
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in S.C.No.116/2019 (arising out of Crime No.24/2019) on the file of the II Additional District and Sessions Judge, Davanagere, 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 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 the 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 Kmv/-