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.6118 OF 2019 BETWEEN:
SMT.NIKHITHA SUSHMA @ THRIVENI W/O SUBBA LOKESH AGED 30 YEARS, OCC: HOUSEWIFE R/O NO.11, HONNURAPPA GALLI SIDDANNA GALLI CUBBONPET MAIN ROAD BENGALURU-560 002 (BY SRI VEERANNA G. TIGADI, ADVOCATE) AND:
THE STATE OF KARNATAKA REP. BY KOLAR TOWN POLICE STATION KOLAR REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 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 CRIME NO.137/2018 REGISTERED IN KOLAR TOWN POLICE STATION, KOLAR FOR THE OFFENCE P/U/S 302, 201 R/W SECTION 34 OF IPC, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR IN S.C.NO.175/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in S.C.No.175/2018 (Crime No.137/2018 of Kolar Town Police Station) on the file of Principal District and Sessions Judge, Kolar.
3. Brief facts of the case are as under:
Petitioner and accused no.1 have developed some physical intimacy with each other though the petitioner was married to one Subbu Lokesh. Since they developed intimacy, some differences arose between the petitioner and her husband. Hence, she left the conjugal relationship of the said Lokesh and joined accused no.1 along with her child. Accused no.1 often quarreled with the petitioner on the ground that he has to bear all the expenses of her child’s education, marriage etc.
Therefore, accused no.1 decided to do away with the life of the said child in spite of protest and opposition by the petitioner. In this context, on 03.06.2018, after quarrel between accused no.1 and the petitioner, he smoothered the mouth and nose of the child and committed murder of the said child. The entire charge sheet papers discloses that the police have also recorded the statement of the petitioner wherein she has stated that on the particular day she protested for the said act of accused no.1. He also threatened her with dire consequences of informing the same to the police. It is stated that under threat she went along with accused no.1 and disposed of the dead body of her child.
4. Looking to the above said facts and circumstances, the common intention of killing the said child between accused no.1 needs to be established beyond reasonable doubt during the course of full fledged trial so as to implicate the petitioner. The entire overt act is on the petitioner being the mother of the child. According to the prosecution, she protested for the act of accused no.1. Though the petitioner was present at the time of incident, common intention has to be established during trial. Hence, the petitioner is entitled to be enlarged on bail, particularly under Section 439 of Cr.P.C., as charge sheet has already been filed. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.175/2018 on the file of Principal District and Sessions Judge, Kolar registered for the offence punishable under Sections 302 and 201 r/w 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh 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.
Sd/-
JUDGE hkh.