IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7684/2019 BETWEEN:
CHANDRAMMA, W/O MARIYAPPA, AGED ABOUT 33 YEARS, RESIDING AT CHIKKAMALAPURA VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA, PIN CODE NO:571 440. … PETITIONER (BY SRI RAJU C.N., ADVOCATE) AND:
STATE BY HANURU POLICE, CHAMARAJANAGARA, REPRESENTEED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE, PIN CODE NO: 560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRIMINAL PROCEDURE CODE , PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.42/2015 OF HANUR POLICE STATION, CHAMARAJANAGAR FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 R/W SECTION 201 OF IPC.
THIS CRIMINAL 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. Initially a case has been registered against some unknown persons for the offence under Sections 315 and 317 IPC in Crime No.42/2015 by the respondent – Police on the complaint lodged by one D.Balu, a bill collector of Kongarahalli Gram Panchayat, Kamgere Village, Kollegala Taluk to the effect that on 12.05.2015 at about 16.30 hours, the complainant identified and detected a male child’s dead body in Poovinakatte tank in the said village, which was already decomposed to some extent and as the parents were not known, a complaint was lodged. After investigation, the police found that the petitioner is a lady who delivered the said child on 10.05.2015 in Hanur Government Hospital and taken away the child along with her and committed murder of the said child by cutting the neck and threw the same to the tank.
3. Accused was arrested in the year 2015, since then she has been in judicial custody. The Trial Court has rejected her bail petition in the year 2017, but it is submitted that due to poverty she was not able to approach this Court. The entire case revolves around circumstantial evidence. As to under what circumstances the said incident happened, even accepting the case of the prosecution as it is, what were the circumstances prevailing in the family of the petitioner and why she has gone to the extent of killing her own child, have to be evaluated and considered by the Court during the course of trial. Therefore, it is very difficult to draw a conclusive inference that the basis on which allegations made are sufficient to attract the provisions of Section 302 IPC. Whether it falls under 304 Part I or Part II is also a factor that has to be considered by the Trial Court during the course of trial. Considering the long incarceration of the petitioner and that the case revolves around circumstantial evidence and no direct evidence is available, in my opinion, petitioner being a lady, who comes under the proviso to Section 437 Cr.P.C., on that ground also, she is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.42/2015 registered by Hanur Police Station for the offence punishable under Section 302 read with Section 201 IPC, subject to the following conditions:
(i) The petitioner shall execute her personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety 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 PKS