IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7486/2019 BETWEEN:
SMT. VIJAYA, W/O. LATE APPANNAGOWDA, AGED ABOUT 42 YEARS, RESIDENT OF DODDAMANDIGANAHALLI VILLAGE, SHUBASH NAGAR, THANNEERUHALLA, HASSAN-573 212. ... PETITIONER [BY SRI. P.PRASANNA KUAMR, ADVOCATE] AND:
STATE OF KARNATAKA, BY HASSAN CITY POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.74/2019 REGISTERED BY HASSAN CITY POLICE STATION HASSAN FOR THE OFFENCE P/U/S 302, 201, 202, 120(B) R/W 34 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 HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.74/2019 of Hassan City Police Station, for the offence under Sections 302, 201, 202, 120B r/w. 34 of IPC.
3. The brief facts of the case are that;
The petitioner/accused No.1 is the first wife of deceased Appannagowda. The said Appannagowda also married another lady viz., Usha and started living with her. The allegations are that the petitioner was frustrated as Appannagowda was not taking care of her and was not providing any money to meet family expenses and also has given all the properties to his second wife. In this context, it is alleged that accused Nos.1 to 4 have hatched a conspiracy to do away the life of Appannagowda. It is alleged that accused No.2 has taken an amount of Rs.5,00,000/- from accused No.1 prior to the incident and on the day of the incident accused No.3 to 4 went near the house of deceased Appannagowda and destroyed the CCTV by throwing them to the nearby water pond and thereafter in the intervening night of 15.05.2019 and 16.05.2019 at about 12.30 p.m. accused Nos.2 to 4 were waited near the house of Appannagowda and it is alleged that on that day accused No.1 came there in a car bearing reg. No.KA-13/P-3256 and directed accused Nos.2 to 4 to enter into the house and commit the murder of Appannagowda. Accordingly, accused Nos.2 to 4 entered the house and caused the death of Appannagowda. On perusal of the above said material on record, it is seen that accused No.1 was seen with other accused persons on the particular day. But, there is no direct evidence so far as accused No.1 is concerned that she was found near the house of deceased Appannagowda on that day and the main allegations against accused Nos.2 to 4 are abatement and relationship between them and accused No.1 and payment of Rs.5,00,000/- have to be established during the course of full fledge trial. Under the above said circumstances, the direct participation of accused No.1 in the incident is not there. The conspiracy and the abatement has to be considered by the Court after recording of the evidence. The charge-sheet has already been filed, accused No.1 has already been arrested and she has been in judicial custody. As the petitioner is a lady and having school going children as per the submission made by the learned counsel and considering the overall circumstances of the case, in my opinion, the petitioner is entitled to be enlarged on bail with conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.74/2019 of Hassan City Police Station, for the offence under Sections 302, 201, 202, 120B r/w. Section 34 of IPC subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum 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 him is disposed off.
Sd/- JUDGE Ksm*