Karnataka High Court
Smt Sharada W/O. Late Mahalingappa vs The State Of Karnataka on 16 August, 2023
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NC: 2023:KHC-D:8979
CRL.P No. 101721 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101721 OF 2023
BETWEEN:
SMT.SHARADA W/O LATE MAHALINGAPPA,
AGE: 23 YEARS, OCC: HOUSEWIFE,
R/O. SHIVAPURA GOLLARAHATTI VILLAGE,
TALUK: KUDLIGI, DISTRICT: VIJAYANAGARA.
...PETITIONER
(BY SRI. SRINIVAS B.NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA DHARWAD BENCH
THROUGH KUDLIGI POLICE STATION,
DISTRICT: VIJAYANAGR-580011.
...RESPONDENT
CHANDRASHEKAR
LAXMAN
KATTIMANI (BY SMT.GIRIJA S.HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO GRANT REGULAR BAIL TO THE
Digitally signed by
CHANDRASHEKAR PETITIONER/ACCUSED NO.2 IN SESSIONS CASE
LAXMAN NO.5021/2023, ON THE FILE OF III ADDL. DISTRICT AND
KATTIMANI
SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE
REGISTERED FOR THE OFFENCE P/U/SEC. 302, 201, 452 R/W
34 IN CRIME NO.06/2023 KUDLIGI P.S.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:8979
CRL.P No. 101721 of 2023
ORDER
Petitioner who is arraigned as accused No.2 has filed this petition under Section 439 of Code of Criminal Procedure (for short, 'the Cr.P.C.') to release her on bail in Crime No.6/2023 of Kudligi P.S. for the offences punishable U/sec.302, 201, 452 r/w sec.34 I.P.C..
2. Petitioner has contended that she is innocent of the offence alleged. She is in no way concerned with the alleged incident. A false case is registered against her. If the statement of complainant and other witnesses are perused, the very involvement of the petitioner in the alleged crime is doubtful. No prima facie case is made out against her. The entire case and allegations need rigorous trial for the prosecution to establish its case against the accused persons including the petitioner. The entire case of the prosecution is rest on circumstantial evidence. Even motive for the commission of crime is not supported by any of the witnesses. Already investigation is completed and charge sheet is filed. The continuation of petitioner in custody is not -3- NC: 2023:KHC-D:8979 CRL.P No. 101721 of 2023 required. The petitioner is ready to abide by any conditions that may be imposed and prays for allowing of the petition.
3. Learned High Court Government Pleader submitted oral objections stating that on 09.01.2023, after finding the dead body of his brother Mahalingappa, complainant-Veeresh has filed the complaint stating that since one year he and deceased Mahalingappa have separated and their parents were living with him. Since one year, the wife of Mahalingappa namely petitioner/accused No.2-Sharada had left the matrimonial home. She had returned about three days back and since then there used to be frequent quarrel between them.
3.1 On 09.01.2023 at 1.30 a.m., complainant's relative T.Siriyappa (CW16) came and informed him that the police called him and disclosed that a dead body is found on the service road. Both of them went to the spot and found that the dead body is that of Mahalingappa. There were injuries on his left knee and hands. There was also ligature mark. When this fact was brought to the notice of petitioner/accused No.2, she said that on the previous night -4- NC: 2023:KHC-D:8979 CRL.P No. 101721 of 2023 after dinner she went to sleep and she do not know where Mahalingappa has gone. Suspecting foul play, he has filed the complaint.
3.2 Based on the complaint, the concerned police have registered the case and taken up investigation. All the accused persons including the petitioner were arrested and based on their voluntary statement, the investigation was continued and charge sheet is filed which makes out a strong prima facie case. If released on bail, the petitioner/accused No.2 may threaten or tamper with the witnesses. She may also abscond and prays to dismiss the petition.
4. Heard arguments and perused the record.
5. Petitioner who is arraigned as accused No.2 is no other than the wife of deceased Mahalingappa. A charge sheet came to be filed against accused No.1 to 4 alleging that petitioner/accused No.2 had illicit relationship with accused No.1 and this was objected to by deceased Mahalingappa. Because of this, accused No.1 and 2 were nursing grudge to eliminate him. They took the help of accused No.3 and 4 who are also having enmity with the -5- NC: 2023:KHC-D:8979 CRL.P No. 101721 of 2023 deceased. On the date of incident, accused No.1, 3 and 4 went to the house of accused No.2 and deceased. All of them assaulted the deceased with an iron blower (HzÀÄUÉƼÀªÉ) and when he started crying out of pain, his mouth was gagged by stuffing with a cloth. Petitioner/accused No.2 brought a saree and strangulated the deceased with the help of accused No.1-Oppatteshwar. In order to project it as an accident case, accused No.1, 3 and 4 shifted his dead body and place it on the highway and thereby the accused have committed the offences punishable u/sec.302, 201, 452 r/w Sec.34 IPC.
6. After completing the detailed investigation, the concerned police have filed charge sheet against accused No.1 to 4. All the accused were arrested on 10.01.2023. The further documents produced by the petitioner/accused No.2 more particularly the TIFFA scan dated 24.05.2023 reveal that she was 22 weeks pregnant and she is due for delivery. In the complaint it is specifically stated that since one year petitioner/Accused No.2 was not living with deceased and she had returned to matrimonial home 3 days back. As per the scan report, she was 3 weeks pregnant when she -6- NC: 2023:KHC-D:8979 CRL.P No. 101721 of 2023 returned to matrimonial home. This must be the reason for the quarrel between her and deceased.
7. Admittedly there are no eyewitnesses to the incident and the entire case of the prosecution is based on circumstantial evidence. Having regard to the fact that petitioner is a woman and is in the advance stage of pregnancy, this Court is of the considered opinion that she is entitled for bail. The apprehension of the prosecution that she may threaten or tamper with the prosecution may be overcome by imposing stringent conditions and accordingly, the following:
ORDER Petition is allowed. Petitioner/accused No.2 is released on bail in Crime No.6/2023 of Kudligi Police Station for the offence punishable under Sections 307 of IPC, subject to following:
CONDITIONS
a) The petitioner/accused No.2 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.-7-
NC: 2023:KHC-D:8979 CRL.P No. 101721 of 2023
b) Petitioner/accused No.2 shall furnish her residential address proof and shall inform the investigating officer/Court if there is any change in the address.
c) Petitioner/accused No.2 shall not threaten or tamper with the prosecution witnesses either directly or indirectly.
d) Petitioner/accused No.2 shall not indulge in any criminal activities.
e) Petitioner/accused No.2 shall be regular in attending the Court proceedings.
Sd/-
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