IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8075 OF 2019 BETWEEN:
RAKSHITHA W/O TIPPESH AGED ABOUT 19 YEARS NEAR ANJANEYA TEMPLE 14TH CROSS, JAKKUR LAYOUT BANGALORE-560100.
(BY SRI. RANGANATH REDDY R, ADV.) AND:
STATE BY THE STATION HOUSE OFFICER MADIVALA POLICE STATION BANGALORE CITY (REPRESENTED BY THE STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA-560001.
(BY SRI. ROHIT B.J. HCGP) - - -
… PETITIONER … RESPONDENT This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on Bail petitioner on Bail in Cr.No.436/2018 of Madivala P.S., Bengaluru City for the offence P/U/S 120B, 302, 201 of IPC.
This Petition 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 – State. Perused the records.
2. The petitioner is arraigned as accused No.4 in C.C.No.11464/2019 for the offence under Sections 120B, 302 and 201 IPC.
3. The brief facts of the case are that the mother of CW-1 by name Hemavathy was residing alone at Madivala near Anjaneya temple. Accused No.2 was working in the shop of CW-31 and she was watching that the deceased was wearing lot of gold ornaments. In this context, the accused No.2 has informed the same to accused No.3 and inturn accused Nos.1, 4 and 6, all together hatched a conspiracy for the purpose of committing robbery from the house of the deceased by killing her. In this background, it is alleged that on 24.10.2019, the accused Nos.1 and 4 went in their TATA Indica car bearing registration No.KA 51B 9920, towards the house of the deceased and they persuaded the deceased and took her to nearby Ayyappa temple. From there, accused No.2 took the deceased in a car to BTM Layout where accused Nos.3, 5 and 6 were waiting. Accused Nos.1 to 3 made her to drink some juice. Then they took her at a distant place at Thamasandra Village, Kanakapura Road. At that time, accused No.4, the present petitioner and accused No.5 were standing away from the said place watching whether anybody would come to the said place. It is alleged that accused Nos.1 to 3 have committed the murder of the deceased by strangulating her neck with seat belt of the car and accused No.3 has smothered her mouth and nose and committed the murder and thereafter, took away 30 grams of gold worth `80,000/- and subsequently, the same has been sold by accused No.6.
4. Looking to the above said facts and circumstances of the case, it is the accused Nos.1 to 3 who have actually committed the murder of the deceased. The knowledge of the petitioner that accused Nos.1 to 3 may commit murder of the deceased and take away the gold articles or they may cause some injury for the purpose of taking the gold articles has to be established during the course of full fledged trial. Against accused No.4, the petitioner herein, no overt act has been alleged that she also had taken the deceased at a distant place at Thamasandra Village and caused any injury to the deceased.
5. Under the above said facts and circumstances and considering the nature of allegation and facts of the case, as the petitioner is a lady and as she has already been arrested and charge sheet has already been filed, in my opinion, the petitioner is entitled to be enlarged on bail with stringent conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C. No.11464/2019 (Arising out of Cr. No. 436/18 of Madivala Police Station) on the file of the learned LXVII Addl. District and Sessions Judge at Bangalore registered for the alleged offences subject to the following conditions:
(i) The petitioner shall execute her personal bond for a sum of Rs.1,00,000/- (One lakh only) with two solvent 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 RV