Girijamma vs State Of Karnataka

K. N. Phaneendra, J

Learned High Court Government Pleader is directed to take notice for the Respondent â€" State.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent â€" State and perused the records.

The petitioner is arraigned as accused No.1 in Crime No.233/2019 of Konanakunte Police station, Bengaluru City. The petitioner was charge

sheeted along with other accused persons for the offence punishable under sections 120B, 382, 451, 394 and 506 read with Section 34 of IPC.

The brief facts of the case are that:

On 22.08.2019 three unknown persons trespassed into the house of the complainant, assaulted her and robbed the gold jewelry and on arrest of the

petitioner (A1), the other accused persons were also implicated in the case, on the basis of her voluntary statement.

On perusal of the records, it is clear that all the accused persons have entered into criminal conspiracy and committed dacoity as alleged. It is

further alleged that as per the instructions of the present petitioner (A1), the other accused Nos.5 to 7 have trespassed into the house of the

complainant and committed robbery. Therefore, according to the prosecution case itself, Accused No.1 was not present at that particular point of

time.

As the petitioner (A1) has already been arrested and she is in judicial custody since the date of her arrest, and she being a lady, and charge sheet

has already been filed, and other co-accused who also stand on the same footing as that of the petitioner (A1) have already been released on bail, I

am of the opinion that the petitioner (A1) has made out a ground for grant of bail particularly u/s.439 of Cr.PC. Hence, the following:

ORDER

The Petition is allowed. Consequently, the petitioner (A1) shall be released on bail in connection with CC No.28089/2019 (Crime No.233/2019 of

Konanakunte Police Station, Bengaluru City), now pending on the file of the II Addl. CMM Court, Bengaluru, for the alleged offences, subject to the

following conditions:

(1) The Petitioner shall execute her personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand) with one surety for the likesum to the satisfaction

of the trial court.

(2) The petitioner shall not indulge in tampering the prosecution witnesses.

(3) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the trial court for any genuine cause.

(4) The petitioner shall not leave the jurisdiction of the trial court without prior permission of the court till the case registered against her is disposed of.

(5) The petitioner shall appear before the trial court as and when required for the trial.

The concerned Jail authorities are directed to release the petitioner (A1) after proper medical examination, in view of Pandemic COVID-19.