Prema vs State of Karnataka

This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking her release on bail for the offences punishable under

Sections 302 and 201 of IPC registered in respondent - police station Crime No.317/2017.

Brief facts of the prosecution case as per the complaint averments are on 12.10.2017 at about 7.00 a.m. when the complainant was on his way

to his land complainant found the dead body of one Venkatesha, S/o Swamy Gowda (accused No.1) lying near the fence of land belonging to

accused No.1. The complainant noticed injuries on the face and ligature marks on the neck. The body of the deceased was found lying on the

pathway adjacent to the land of accused No.1. Therefore, it is alleged that some unknown persons have committed the murder of the deceased

and thrown the deadbody at the said place. On the basis of the said complaint firstly case came to be registered against unknown persons, but

during the course of investigation, the present petitioner has been arrayed as accused No.2.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader

appearing for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that so far as the petitioner is concerned, there is no prima facie

material placed by the prosecution and the serious allegations are only against accused No.1. Petitioner is a women aged about 55 years and she is

ready to abide by any reasonable conditions to be imposed by the Court. Hence, she may be admitted to regular bail.

Per contra, learned High Court Government Pleader during the course of his arguments submitted that as per the prosecution material there is a

recovery of weapon and also blood stained clothes of accused No.1 at the instance of accused No.1. The matter is till under investigation.

Therefore, petitioner-accused No.2 is not entitled to be granted with bail.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Initially, the complainant has mentioned in the complaint that some unknown persons have committed the murder of the deceased and thrown

the deadbody at the said place. Therefore, in the complaint as well as in the FIR the name of the petitioner is not figured as one of the accused. It is

only during investigation she has been arrayed as accused No.2 in the case. No doubt, the learned HCGP has submitted that at the instance of

accused No.1, there is a recovery of weapon as well as blood stained clothes of accused No.1. But so far as this petitioner is concerned, there is

no such material placed by the prosecution till now.

The petitioner has contended in the petition that she is innocent and not committed the alleged offences and she has undertaken to abide by any

reasonable conditions to be imposed by this Court. Hence, I am of the opinion that by imposing reasonable conditions, she can be admitted to

regular bail.

Accordingly, petition is allowed. Petitioner/accused No.2 is ordered to be released on bail for the offences punishable under Sections 302 and

201 of IPC registered in respondent - police station Crime No.317/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the concerned

Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall appear before the concerned Court regularly.