IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4375 /2019 BETWEEN:
Anusuyamma, S/o late Shankrappa, Aged about 62 years, R/at, Savemaradi Kavalu, Amruthapura Hobli, Tarikere taluk, Chikkamangalur District – 577101.
(By Sri.Pratheep.K.C, Advocate) AND:
The State of Karnataka Rep. by Ajjampura Police Chikkamangalur District Rep. by its State Public prosecutor, High Court of Karnataka, Bengaluru – 560001.
(By Sri.K.P.Yoganna, HCGP) … Petitioner ... Respondent This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.27/2019 (S.C.No.52/2019) registered by Ajjampura Police Station, Chikkamagaluru for the offences punishable under Sections 302 and 201 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.27/2019 with respect to the offences punishable under Sections 302, 201 read with Section 34 of IPC.
2. The case of the prosecution is that grandfather of the deceased had filed the complaint stating that deceased was given in marriage with accused No.1 about four and a half years back prior to the incident and after some time differences of opinion cropped up. On 02.02.2019 the complainant was informed that the deceased has committed suicide in her matrimonial house. On such information, noticing that blood had oozed in the deceased’s nose and on the basis of suspicion that the deceased was murdered, a complaint came to be lodged, FIR was registered, investigation is completed and charge sheet is filed.
3. Learned counsel for the petitioner points out that the main allegations are against accused Nos.1 and 2. The role of the present petitioner is that, she was holding torch light and thereby facilitated the other accused in the commission of the offences. On perusal of the charge sheet, the overt acts are essential attributed against accused Nos.1 and 2.
4. Noticing the role of the present petitioner and also taking note that she is a woman aged about 62 years and noticing the imputation in the charge sheet on the basis of the voluntary statement of accused Nos.1 and 2 and noticing the recoveries made from accused No.1 and that role of petitioner is a matter that would come out during trial, case is made out for enlarging the petitioner on bail.
5. Accordingly, in light of the observations made above, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.27/2019 for the offences punishable under Sections 302, 201 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE GJM