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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 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 :-