SMT. KAVYASHREE vs STATE OF KARNATAKA

This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking her release on bail of the offence punishable under

Section 307 of I.P.C, registered in respondent - police station Crime No.287/2016. After completion of the investigation, charge sheet came to be

filed for the offences punishable under Sections 109, 120(B), 302 r/w 34 of I.P.C.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader

appearing for the respondent-State.

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

Brief facts of the prosecution case is that father of the deceased is the complainant in this case, wherein he has stated that the deceased Karthik

Raj is his first son. He is a mechanical Engineer working at Maroli Canara Stings from the last 1 1/2 years. When the complainant was going to

jogging in the morning at about 5.00 a.m., as a routine on 22.10.2016 at about 5.00 a.m., the complainant''s son also went for jogging and later

complainant got the information that about 5.30 a.m. his son got head injury and the complainant rushed to the spot and he got shifted to

K.S.Hegde Hospital and found him in ICU with grievous head injuries and by noticing the injury, it is found that some culprits assaulted his son to

the head with an intention to murder him.

Firstly, on the basis of the said complaint, a case came to be registered for the offence punishable under Section 307 for attempt to murder.

Subsequently, after the death of the injured and after completion of the investigation, the other offences came to be included in the said case.

Perusing the materials and even according to the statement of the eye witnesses also, it is two persons who were present at the spot and who

assaulted the deceased Karthik Raj. As per the statement of eye witnesses, they were the main persons who were present at the spot. Therefore, it

clearly goes to show that the present petitioner who is a woman was not present at the spot, when the incident was going on.

Further, the case of the prosecution is that the materials collected during the investigation are that petitioner/accused No.3 herein was having

illicit connection with accused No.1. The accused No.1 was often coming to the house of the petitioner herein, which was noticed by the

deceased, who is none other than the own brother of the petitioner/accused No.3. He advised that she is already a married lady and it is not

proper for her to have illicit connection with accused No.1 and that there was a conspiracy between the accused persons and as per the said

conspiracy, it is accused No.1 and 2 who have assaulted the deceased on the spot and committed his murder. Therefore, the only allegation as per

the prosecution material against the present petitioner is of criminal conspiracy with accused No.1 and 2. So far as the conspiracy and interception

is concerned, it is the matter of trail. However, she is not the participant in the alleged assault along with the accused No.1 and 2. She has denied

the allegations made in the complaint contending that there is a false implication and she is ready to abide by any conditions to be imposed by this

Court.

In view of the submission that investigation is completed, charge sheet has also been filed and as she is a woman, therefore, it is a fit case to

exercise discretion in favour of petitioner/accused No.3.

Accordingly, petition is allowed. Petitioner/accused No.3 is ordered to be released on bail for the offences punishable under Sections 307, 109,

120(B), 302 r/w 34 of I.P.C registered in Crime No. 287/2016, subject to the following conditions:

i. Petitioner has to execute a personal bond for Rs.1,00,000/- (Rupees One Lakh only) and has to 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 has to appear before the concerned Court regularly.