Karnataka High Court
Smt Muddakka vs State Of Karnataka on 8 September, 2022
Author: K. Natarajan
Bench: K. Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.7271/2022
BETWEEN:
SMT. MUDDAKKA
W/O VASANTHKUMARA
AGED ABOUT 38 YEARS
R/AT RAMAJOGIHALLI VILLAGE
CHALLAKERE TALUK
CHITRADURGA-577522.
...PETITIONER
(BY SMT. RAKSHITHA D.J., ADV.)
AND:
STATE OF KARNATAKA
BY CHALLAKERE POLICE
REP. BY THE STATE PUBLIC PROSECUTOR
OFFICE OF THE ADVOCATE GENERAL
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
...RESPONDENT
(BY SRI R.D.RENUKARADHYA, HCGP, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.18/2022 OF CHALLAKERE P.S.,
CHITRADURGA FOR THE OFFENCE PUNISHABLE UNDER SECTION
302 OF IPC PENDING ON FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT CHITRADUGE IN S.C.NO.51/2022.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.18/2022 registered by Challakere Police Station, Chitradurga, for the offence punishable under Section 302 of IPC.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the entire petition papers.
3. The case of the prosecution is that one Kenchappa, the husband of the deceased Rudramma filed complaint before the police alleging that the complainant is having wife and children and his son viz., Thippaswamy is married to this petitioner and 3 having two children, the first son is studying in 10th standard and daughter is studying in 6th standard. There was matrimonial dispute between the mother- in-law and the daughter-in-law and on that background the accused used to threaten to do something to the deceased. That on 22.01.2022 at 11.00 p.m., when they slept in the room, the complainant and his grand son slept outside in the hall and when they heard noise of crying in the room at 3.00 a.m, immediately he along with his grand son went inside and saw that the accused was assaulting his wife with hammer and caused injuries and found that his wife was dead. The accused took the hammer and went out. After registering the case, the police arrested the accused on 23.01.2022 and since then she is in judicial custody. The bail petition filed by the petitioner came to be rejected and hence she is before this Court. 4
4. The learned counsel for the petitioner submits that the accused is innocent woman, who is suffering from 'paranoid schizophrenia' from 2016 onwards and is continuously under treatment. Due to mental disorder she has committed the offence; that she is having exception under Section 84 of the IPC. This Court granted bail to the accused in similar case and hence prays for granting bail to this petitioner.
5. Per contra, learned HCGP opposes the bail petition.
6. Having heard the arguments of the learned counsel for the petitioner and on perusal of the records, it reveals that relationship between the deceased and the petitioner/ accused is not in dispute. The petitioner is the daughter in law of the deceased and there was matrimonial dispute between them and on the intervening night of 23.01.2022, the accused took the 5 hammer and assaulted on the head of the deceased, which caused the death. The post mortem also reveals that death was due to head injury. The investigation is completed and charge sheet has been filed long back. She is in custody for almost more than eight months. Learned counsel produced the medical records pertaining to the petitioner, which reveals that the accused was under treatment from the year 2015-16 as inpatient at Manasa Nursing Home, Shimoga for the treatment of mental illness and as per the opinion of the Doctor, she is suffering from 'paranoid schizophrenia' and the other documents reveals that she was continued under treatment as out patient. The medical certificate obtained from the Hospital reveals that she is under treatment from 2015 onwards till 2020 and her last follow up treatment was on 11.08.2021. Subsequently the alleged offence took place.
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7. Considering the facts and circumstances of the case, I am of the view, that the petitioner is suffering from 'paranoid schizophrenia and mental disorder and in similar situation, this Court granted bail to the accused, in Criminal petition No.9988/2021 dated 05.3.2022. The petitioner, who is a woman and suffering from 'paranoid schizophrenia' is in custody for the last eight months. The identification is not in dispute.
8. Therefore, Considering the facts and circumstances of the case and on perusal of the records, it is found that investigation is completed, the charge sheet is filed. Therefore, by imposing certain conditions, if bail is granted to the petitioner, no prejudice would be caused to the case of the prosecution. Hence, the following :- 7
ORDER Criminal petition is allowed. The petitioner- accused is ordered to be released on bail in Crime No.18/2022 registered by Challakere Police Station, Chitradurga for the offence punishable under Section 302 of IPC subject to the following conditions:
(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;8
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court;
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.
Sd/-
JUDGE NG CT:bms