IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4542/2019 BETWEEN:
SMT. RAMYA, W/O LATE VENKATESH, AGED ABOUT 26 YEARS, R/AT GATLAHALLI VILLAGE, CHANNARAYANADURGA HOBLI, KORATAGERE TALUK-572 203, TUMKURU DISTRICT.
(BY SRI FAYAZ SAB B.G., ADVOCATE) AND:
THE STATE OF KARNATAKA S.H.O., MIDIGESHI POLICE STATION, TUMAKURU DISTRICT-572 201, REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
.. PETITIONER ... RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.117/2018 OF MEDIGESHI P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 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. Petitioner is arraigned as accused No.1 in Crime No.117/2018 for the offence punishable under Section 302 and 201 IPC. Charge sheet has already been filed. It is seen that complainant by name Siddappa who is the father of the deceased lodged a complaint stating that accused Nos.1 and 2 have developed some intimacy with each other and in order to finish off the deceased, they joined hands with each other and on 17.12.2018 suspecting the conduct of the petitioner, father of the deceased had lodged a complaint stating that accused persons have committed murder of the deceased on 11.12.2018. On the basis of suspicious circumstances, police have registered a case and investigated the matter and submitted the charge sheet.
3. Entire case is surrounded by circumstantial evidence. The prosecution has to prove the case beyond reasonable doubt at the full fledged trial. It is seen that in Crl.P.No.708/2019 vide order dated 21.06.2019, accused No.2 has been released on bail by this Court. Petitioner being a lady stand on higher footing than accused No.2 on the ground of parity. Therefore, petitioner is also entitled to be enlarged on bail. Hence, the following:
ORDER Petition is allowed. Consequently, the petitioner (accused No.1) shall be released on bail in connection with Crime No.117/2018 of Medigeshi Police Station for the offences punishable under Sections 302 and 201 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (rupees one lakh only) with two sureties for the likesum to the satisfaction of the concerned Court;
(ii) The petitioner shall co-operate for the expeditious disposal of the trial;
(iii) The petitioner shall not tamper with evidence, influence in any way any witnesses;
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO;
(v) The petitioner shall mark her attendance in the first week of every month between 10.00 a.m. and 5.00 p.m. before the concerned SHO, till conclusion of trial;
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Sd/-
JUDGE PKS