Karnataka High Court
Anupallavi @ Pallavi vs State Of Karnataka on 28 September, 2022
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.9028 OF 2022
BETWEEN
1. ANUPALLAVI @ PALLAVI
W/O NAVEEN KUMAR,
AGED ABOUT 25 YEARS,
R/AT NO.21, ABDUL KHADER S HOUSE,
1ST CROSS, PILLANNA LAYOUT,
NEAR AHAM ATHMA SCHOOL,
DODABIDARAKALLU,
BENGALURU-560073.
2. AMMAJAMMA
W/O LATE RAVIKUMAR,
AGED ABOUT 55 YEARS,
R/AT K.RANGANAHALLI VILLAGE,
SIRA TALUK,
TUMKUR 572137.
...PETITIONERS
(BY SRI. SAVITHA C K, ADVOCATE)
AND
STATE OF KARNATAKA
BY PEENYA POLICE STATION,
BENGALURU-560058.
(REP. BY SPP
HIGH COURT BUILDING,
BENGALURU-560001) ...RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.251/2022 OF PEENYA P.S.,BENGALURU FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 120-B, 364,
342, 504,506 R/W SEC.149 OF IPC PENDING ON THE FILE OF
THE XXXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking regular bail in Crime No.251/2022 registered by Peenya Police Station, for the offences punishable under Sections 120B, 364, 342, 504 read with Section 149 of IPC.
2. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The case of prosecution is that on the missing complaint filed on 02.08.2022 by one Varalaxmi, the sister of Naveen Kumar, a case was registered by the police. It is alleged that her elder brother Naveen Kumar was found 3 missing from 23.07.2022. During investigation, Naveen Kumar himself came and called over pone and informed that accused Nos.3 and 4 said to be engaged him for going to Thirchi, Tamil Nadu. He being the cab driver, went with them. Thereafter, accused Nos.3 and 4 got down from the car and handed over the car to accused Nos.6 and 7 and left the place. Accused Nos.6 and 7 informed Naveen Kumar that they have been given supari by accused No.3 and 4 to kill him and they will not commit murder as accused No.1-wife of Naveen Kumar and her mother given supari accused No.3 and in turn, accused No.3 gave supari to accused NO.4 for committing murder. However, accused No.6 and 7 did not want to commit murder. Therefore, they took photograph of the victim and sent to accused No.4-Harish Kumar and then they telephoned to him. Thereafter, the statement of Naveen Kumar was recorded, who in his statement has stated that accused Nos.3 and 4 abducted him and for the purpose of killing him, they gave supari to accused Nos.6 and 7. Accused Nos.6 and 7 left him without committing murder. 4 Subsequently, the petitioners were arrested on 18.08.2022 and they are in judicial custody. The petitioners approached the Sessions Judge for bail, which came to be rejected. Hence, they are before this Court.
4. Having heard the learned counsel for the petitioners and the learned High Court Government Pleader, perused the records. Of course, petitioner NO.1 is wife of Naveen Kumar-victim and petitioner No.2 is mother of petitioner No.1 and mother-in-law of the victim. Both of them given supari to accused No.3. As accused No.3 had intimacy with accused No.4, abducted Naveen Kumar and took to Tamil Nadu for committing murder. However, accused Nos.6 and 7 left him free. They are in custody since 40 days. Petitioner No.1 has children, aged about 3 and 5 years respectively and there is no one to look after them. Accused No.4 is already arrested and is in custody. Both the petitioners are women. Therefore, I am of the view that by imposing certain conditions, if the petitioners 5 are released on bail, no prejudice would be caused to the case of prosecution.
5. Accordingly, criminal petition is allowed. The Committal Court is directed to release the petitioners on bail in Crime No.251/2022 of respondent Police Station for the offences punishable under Sections 120B, 364, 342, 504 read with Section 149 of IPC, subject to the following conditions:-
(i) Petitioners-accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/- each with two sureties for the likesum to the satisfaction of the Committal Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;6
(iv) Petitioners shall appear before the Investigating Officer as and when called for the purpose of investigation.
Sd/-
JUDGE Cs