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.7050/2019 BETWEEN:
SMT. YASHODHA, W/O. ANJINAPPA, AGED ABOUT 31 YEARS, R/AT DODDAMARALI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK & DIST., TUMAKUR-537 210. ... PETITIONER [BY SRI. MOHANKUMAR D., ADVOCATE FOR SMT. RATTIHALLI GEETA VEERANNA, ADVOCATE] AND:
1. THE STATE OF KARNATAKA, KODIGENAHALLI POLICE STATION, REPRESENTED BY SPP., HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. SMT. MUNILAKSHMAMMA, W/O. MUNIRAJU, AGED ABOUT 34 YEARS, R/AT VYJAKURU VILLAGE, KAIVARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPUR DIST.-562 101. ... RESPONDENTS [BY SRI. HONNAPPA, HCGP FOR R1; R2 IS SERVED] THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.60/2018 OF KODIGENAHALLI POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 302 R/W SEC. 34 OF IPC AND SEC.3(2)(v)(a) OF SC/ST (PREVENTION OF ATROCITIES ) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Notice issued to respondent No.2/complainant is served and she remained absent.
2. Heard the learned counsel appearing for the parties and perused the records.
3. The petitioner is arraigned as accused No.1 in Crime No.60/2018 on the file of the respondent Police for the offence under Section 302 r/w. 34 of IPC and also under Sections 3(2)(v)(a) of SC/ST [Prevention of Atrocities] Act.
4. The brief facts of the case are that;
Smt. Munilakshmamma lodged a complaint stating that she was residing along with her husband at Vyjakur village, Chintamani Taluk. Her deceased brother viz., Anjinappa married a lady by name Manjula and residing at Bommekallu village. When the said Manjula was pregnant, Anjinappa got married himself to one Yashoda i.e., the petitioner herein and begotten two children. Thereafter, it is alleged that the said Yashoda developed illicit relationship with accused No.2- Manjunatha. Later, they found that Anjinappa was obstacle to their illicit relationship. In this background, on the intervening night of 11.05.2018 and 12.05.2018 at about 1.00 a.m., the said Yashoda and Manjunatha joined their hands together and killed Anjinappa by assaulting him with an iron road etc.
5. Accused No.2-Manjunatha has already approached this Court in Crl.P. No.6917/2018, wherein this Court vide Order dated 21.01.2019 granted bail under Section 439 Cr.P.C. The Court has made a detailed evaluation of the allegations made in the complaint and also the statement of the witnesses. The incident happed on 11.05.2018. Though the eye-witnesses are available, the statement of the eye- witnesses were recorded only on 20.05.2018. Considering the above said facts and circumstances, the Court has granted bail to accused No.2-Manjunatha. In fact, the petitioner is a lady and further she also stands on the same footing as that of accused No.2. Therefore, on the ground of parity, the petitioner is entitled to be enlarged on bail on the same conditions.
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.60/2018 of Kodigenahalli Police Station, Tumakuru for the offence under Sections 302 r/w. 34 of IPC and under Sections 3(2)(v)(a) of SC/ST [Prevention of Atrocities] Act subject to the following conditions:
i) The petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) She shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iii) She shall not leave the jurisdiction of the Court without prior permission.
iv) She shall be regular in appearing before the Court till the trial is concluded.
SD/- JUDGE Ksm*