IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3432 OF 2019 BETWEEN:
SHANTHAMMA W/O LATE GANGADHARAIAH AGED ABOUT 46 YEARS R/AT SOMANAHALLI SHETTIKERE HOBLI C.N.HALLI TALUK TUMKUR DISTRICT – 572 226 …PETITIONER (BY SRI VISHNUMURTHY, ADVOCATE) AND STATE OF KARNATAKA BY KIBBANAHALLI P.S.
REP. BY S.P.P., HIGH COURT OF KARNATAKA BANGALORE – 01 …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.109/2018 (C.C.NO.77/2019) OF KIBBANAHALLI P.S., TUMAKURU FOR THE OFFENCE P/U/S 302, 201, 120B OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP. Perused the records.
2. The brief facts of the case are that:
Accused No.1 i.e., the petitioner herein is no other than the wife of deceased Gangadharaiah and they were residing at Somanahally village, Shettikere Hobli in Chikkanayakanahalli taluk.
It is alleged that on 12.11.2018 at about 10.00 a.m., the dead body of deceased Gangadharaiah, which was sustained with severe injuries on the chest and face, was found at Rajathadripura – Godekere road, which leads to Ayyana Paalya village.
3. The complainant, who is no other than the brother’s son of deceased Gangadharaiah, has suspected some people have committed the murder of said person. He also suspected that the deceased was quarreling with his wife often. Therefore, accused No.1, who is the wife of deceased, left the conjugal company of Gangadharaiah and went to Bengaluru. Therefore, because of this ill- will, he suspected that she might have done away with the life of the deceased by colluding with some other persons.
4. On the basis of said allegation, the Police have investigated the matter and filed charge sheet against the petitioner and others. There are no materials collected by the Police to establish the conspiracy between the petitioner and accused Nos.2 to 4 at this stage.
5. According to the allegations, accused No.1 has given an amount of `Rs.50,000/- to accused No.2 and on the basis of that, accused No.2 took the help of accused Nos.3 and 4 and committed the murder of the deceased.
6. The prosecution has to establish the above said conspiracy between the petitioner and other accused persons. There is no direct allegation against accused No.1 – petitioner, who has participated in the crime at the time of the alleged incident.
7. Under the above said circumstances, this being a circumstantial evidence case and the petitioner is a woman, in my opinion, the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The petition is allowed. The petitioner shall be released on bail in connection with C.C.No.77/2019 pending on the file of J.M.F.C., Tiptur, Tumkur District, subject to the following conditions:
i) The petitioner shall execute her personal bond for a sum of `1,00,000/-(Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional court;
ii) She shall not indulge in tampering the prosecution witnesses;
iii) She shall appear before the trial court on all the future hearing dates unless exempted by any genuine reason by the trial court;
iv) She shall not leave the jurisdiction of Tumakuru District without prior permission of the trial court, till the case registered against her is disposed of.
Sd/- JUDGE KNM/-