Smt. Suppamma vs The State of Karnataka

Budihal. R.B, J.—This petition is filed by the petitioner-accused No. 7 u/s 439 of Cr.P.C. seeking her release on bail of the offence punishable u/s 395 of IPC registered in respondent Police Station Crime No. 392/2010.

Brief facts of the case as per the averments in the complaint are that the complainant is residing at K.R. Nagar Town, Siddalingeshwara Layout along with his wife and two children. On 2/12/2010 at about 10.30 p.m., after having dinner, they closed the door of the house and slept. At about 1.00 a.m., in the night, the complainant heard the sound of breaking the door of his house. Immediately, he saw through the windows that some unknown six persons were trying to break the doors of his house by breaking the windows and door. They threatened the complainant and his wife and taken away Mangalya from the wife. When the said persons went out side, within 5 minutes, the police came to the house. The said persons had not assaulted the complainant. It is further alleged in the complaint that the said persons were in dress of under garment, oil was applied to their body and face was covered with red color cloths. On the basis of the said complaint, the case was registered by the respondent police.

During the course of the investigation and after collecting material, the petitioner has been arrayed as accused No. 7. Perusal of the materials on record, it is seen that the allegation in respect of the petitioner is that after the commission of robbery by six accused persons in the house of the complainant, she joined accused No. 1 and went to Mangalore for the sale of gold ornaments. At Mangalore, they sold ornaments and out of sale proceeds, they have distributed the amount.

I have heard the learned Counsel appearing for the petitioner-accused No. 7 and the learned High Court Government Pleader appearing for the respondent-State.

It is submitted by the learned High Court Government Pleader appearing for the respondent-State that the investigating officer has recorded the voluntary statement of the petitioner. On the basis of the said statement, gold ornaments were recovered. The materials on record clearly establish that six unknown persons entered the house of the complainant and taken away mangalya chain of the complainant''s wife. During test identification parade, the witnesses have identified accused Nos. 1 to 3. The petitioner has already been granted bail in the other two connected cases in crime Nos. 390/2010 and 391/2010. Investigation of the case is completed and charge sheet has been filed. Recoveries are also completed even according to the case of the prosecution. Petitioner is a woman. It is contended by her in the petition that she is innocent and she has been falsely implicated in the case. It is further averred by her that she is ready to abide by any conditions to be imposed by this Court. The apprehension of the prosecution that if bail is granted, the petitioner may abscond and she may tamper the prosecution witnesses, interest of the prosecution can be safeguarded by imposing stringent reasonable conditions. Looking to the materials on record, I am of the opinion that the petitioner is entitled to be released on bail.

In the result, The petition is allowed. The petitioner is ordered to be released on bail of the offence punishable u/s 395 of IPC registered in respondent police station Crime No. 392/2010, subject to following conditions:-

I. The petitioner shall execute bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) and shall offer two solvent sureties for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

III. The petitioner shall attend the concerned Court regularly.