IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.306/2019 BETWEEN:
SMT.SONU POOJARI W/O GAGAN PAL AGED ABOUT 29 YEARS R/AT NO.251/16, 1ST CROSS DATTATREYA LAYOUT KEMPEGOWDA NAGAR BANGALORE – 560 053 … PETITIONER (BY SRI MOHANKUMARA D., ADVOCATE) AND:
STATE OF KARNATAKA STATE BY CHAMARAJPETE PS REP. BY HIGH COURT GOVT PLEADER HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... RESPONDENT (BY SRI VIJAY KUMAR MAJAGE, ADDL. S.P.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.44/2018 (S.C.NO.1180/2018) OF CHAMARAJPET POLICE STATION, BANGALORE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 302, 120B R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.44/2018 of Chamarajpet police station. The petitioner and accused No.2 were charge sheeted in the said case on the allegations of entering into conspiracy to commit murder of Vijayamma and in execution of such conspiracy committing her murder on 13.03.2018 in her house by assaulting her with hammer and strangulating her with scarf.
2. This Court in Crl.P.No.5000/2018 rejected the petitioner’s earlier bail petition on 19.12.2018 on merits. The only changed circumstance the petitioner is canvassing is that accused No.2 was granted bail in Crl.P.No.7427/2018 by a coordinate Bench of this Court, therefore, she is entitled to parity.
3. As per the charge sheet records, the petitioner was fostered daughter of Vijayamma and because of petitioner’s affair with accused No.2 and to grab the property of Vijayamma and to lead comfortable life, both the petitioner and her friend committed Vijayamma’s murder.
4. While rejecting the bail petition on the first occasion, this Court in detail discussed the material on record and rejected the bail petition. Copy of the order in Crl.P.No.7427/2018 produced before this Court does not bear any reference to the order passed in Crl.P.No.5000/2018. That goes to show that accused No.2 by adopting unfair practice has secured bail.
5. In cases of such manipulation, principle of parity cannot be extended. Therefore, the petition is dismissed.
Sd/- JUDGE KSR