IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5291/2017 BETWEEN:
Smt. Pavithra, W/o. Yogesh, Aged about 26 years, R/at Rachenahalli Village, Bukankunte Hobli, K.R.Pete Taluk, Mandya – 572 301.
...Petitioner (By Sri. Pratheep K.C., Advocate) AND:
The State of Karnataka, Rep. by Alur Police, Hassan District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru – 01.
…Respondent (By Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying that this Hon’ble Court be pleased that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Cr.No.65/2017 of Alur Police Station, Hassan, for the offence p/u/s 302, 392, 404 and 201 r/w 34 of IPC.
This Criminal Petition is coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner (Accused No.2) along with Accused No.1 is charge sheeted by the respondent police in respect of the offences punishable under Section 302, 392, 404 and 201 r/w 34 of IPC.
3. The allegation is, the accused Nos.1 and 2 were working as daily wagers in the coffee plantation and they were acquainted with the deceased who was working in the same plantation. The accused persons were residing in the coolie line of the coffee plantation and the deceased was residing as a permanent worker in the plantation. She used to wear her gold ornaments. With an intention to knock of her valuables, the accused persons invited her to their house, on the night of 03.03.2017, manhandeled, strangulated her neck with a nylon thread, extorted her gold ornaments, burned the dead body and later buried the body in the same plantation.
4. The complaint was lodged by the husband of the deceased on 05.03.2017. The accused persons were arrested on 09.03.2017 and ornaments of the deceased were recovered on their voluntarily statement.
5. The learned counsel for the petitioner submits that the husband of the deceased identified the ornaments which was seized at the instance of the first accused. So far the recovery of the ornaments at the instance of this petitioner is concerned, there is no such identification. Since the ornaments recovered are said to have been purchased by her from the proceeds of the ornaments of the deceased.
6. That apart nobody has seen the deceased in the company of this petitioner immediately prior to her death. The petitioner is not the wife of the first accused. She is a permanent resident of the cause title address and undertakes to attend the court on all the dates of hearing and abide by any conditions that may be imposed on her.
7. The learned HCGP while opposing the petition submits that the very conduct of the accused disappearing from the plantation immediately after the incident and that the CW15 and CW16 have seen deceased in the coolie line, where this petitioner was residing and the recovery mahajar is sufficient for the prosecution to arraign her as Accused No.2. If enlarged on bail, she will abscond permanently and cause hurdle to the trial.
8. Perused the charge sheet papers. As rightly pointed out, the statement of CW15 and CW16 is to the effect that they have seen the deceased at 7 P.M.
walking on the road close to the shed of the accused persons. The ornaments seized from the possession of this petitioner on the showing of the prosecution itself, do not belong to deceased. She had purchased the same with her own money allegedly from the proceeds of the valuables of the deceased. Since she is said to be the permanent addressee as above and is undertaking to appear before the Court on all the dates of hearing there is no impediment to enlarge her on bail during the trial.
9. Accordingly, the petition is allowed.
Petitioner is enlarged on bail in Crime No. 65/2017 registered by the respondent-Police, subject to following conditions i. She shall execute a self-bond for a sum of Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court. The sureties shall submit original documents of their properties and their Identity card and Aadhaar card for the perusal of the court. Sureties shall not have any previous history of offering surety to the accused persons in any other criminal cases.
ii. She shall attend the Court regularly on all hearing dates and shall not prevail upon the prosecution witnesses.
Sd/- JUDGE Akv