IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No. 6569/2019
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This Criminal Petition is filed under Section 439 Cr.P.C. with a prayer to enlarge the petitioner on bail in Cr.No. 266/2018 of of Vinobanagara Police Sation, Shivamogga for the offence punishable under Section 302 and 201 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard the learned counsel for petitioner, learned High Court Government Pleader for the respondent – State and perused the records.
2. Petitioner is the sole accused in crime No.
266/2018 of Vinobanagara P.S. registered for the offence punishable under Sections 302 and 201 IPC. After charge sheet and committal proceedings, case in S.C. No. 12/2019 is registered for the said offences before the III Additional Sessions Judge, Shivamogga.
3. Brief facts of the case are that the petitioner is none other than the wife of the deceased – Rudresh. About 8 years prior to the incident their marriage took place and it was a love marriage. It is stated that the accused has not been looking after the petitioner and the child by name Kushal and he was addicted to alcohol. It is stated that on 17.10.2017 he came to the house fully drunk and quarreled with his wife and on the same day, it is alleged, that the petitioner strangulated his neck with the help of her veil and committed his murder.
4. At the initial stage on 17.10.2017 the Police have registered UDR case in UDR No. 33/2017 under Section under Section 174(c) Cr.P.C. At that time the statements of the kith and kin of the deceased including the petitioner was recorded and she had stated that she was not present in the house at that particular point of time when her husband died and she had been to coolie work and when she came back she saw the body of the deceased near the bath room. Though earlier the Police have come to the conclusion that the death was unnatural but no action has been taken against the petitioner. Subsequently, after receipt of FSL report wherein the Doctor after postmortem had given a report stating that the death was due to Asphyxia as a result of ligature strangulation. On the basis of that the Police have arrested the petitioner and since then she has been in judicial custody. The postmortem report tentatively establishes some ligature mark on the dead body which was transverse ligature mark measuring 36 X 3 cm present. Though such information was available to the Police in the postmortem report, no action has been taken till the FSL report was received. Whether such strangulation was self-inflicted by the deceased or whether the petitioner has committed the murder has to be established during the course of full dressed trial. There is long delay in registering the case and investigating the matter. Under the above said doubtful circumstances and petitioner being a lady, is entitled to be enlarged on bail during the pendency of the trial. Hence, the following;
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C. No. 12/2019 on the file of III Additional Sessions Judge at Shivamogga registered for the offence punishable under Sections 302 and 201 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 one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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.
LRS.