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2017 DIGILAW 1600 (KAR)

Parvathi @ Parvathamma v. State of Karnataka, Rep. by Hassan City Police, Rep. by its State Public Prosecutor

2017-12-05

R.B.BUDIHAL

body2017
JUDGMENT : 1. This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking her release on bail of the offences punishable under Sections 328, 302, 201, 392, 342 read with 34 of IPC, registered in respondent - police station Crime No.269/2016. 2. Brief facts of the prosecution case as per the complaint averments that deceased Nanjamma was a lessee in the house of accused No.1 at Aralepete, near Hemavathi Hospital, Hassan. On 25.10.2015 when the complainant called to her aunt, her phone was not reachable, when he and his nephew visited the house, the door was locked, and when they enquired with Roopa about her she, alleged to have informed them that the deceased went to her relative's house. It is further alleged that on 27.10.2015 the complainant visited the house and requested accused No.1 to give another key of the house, when she said that she does not have another key, but with her permission the complainant broke open the door of the house and found that the deceased was in unconscious condition, but she was breathing and further alleged that he did not find golden chain, bangles and ear ring on her body. On 28.10.2015 though she was admitted to hospital, she last her breath. No complaint was lodged to the Police and dead body was burnt assuming that she was dead since she did not respond to the treatment and through Police the complainant came to know that accused No.1 administered sleeping tablet to the deceased and robbed the jewels. On the basis of the said complaint, case came to be registered for the alleged offence. 3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State. 4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record. 5. Though the alleged offence is said to have been committed on 25.10.2015, but the complaint came to be filed on 28.10.2016 i.e., after a period of one year. So as on the date of the alleged incident, looking to the contents of the complaint, the complainant and another went and met accused No.1 Roopa and enquired with her regarding another key put to the said room. So far as the petitioner is concerned, absolutely there are no averments made in the compliant. So as on the date of the alleged incident, looking to the contents of the complaint, the complainant and another went and met accused No.1 Roopa and enquired with her regarding another key put to the said room. So far as the petitioner is concerned, absolutely there are no averments made in the compliant. Perusing the materials, on 25.10.2016 the Investigating Officer recorded the voluntary statement of accused No.1, wherein she took the name of the petitioner that herself and petitioner herein together planned to give poison to the deceased by mixing it with the juice in order to snatch away the gold ornaments of the deceased, but such voluntary statement made by accused No.1 at this stage is not at all binding on petitioner/accused No.2. 6. Even regarding the recovery of gold ornaments belonging to the deceased is concerned, it is also at the instance of accused No.1, and the prosecution has not produced any material against the petitioner regarding recovery of gold ornaments. There is a delay of one year in lodging the complaint, whatever the allegations found in the complaint as well as in other materials, they are against accused No.1 (Roopa). Petitioner has contended that she is innocent and not involved in committing the alleged offence and she has also undertaken to abide by any conditions to be imposed by this Court. Now the investigation is completed and charge sheet has been filed and from the date of arrest, petitioner is in custody, hence, I am of the opinion that by imposing reasonable conditions, petitioner can be enlarged on bail. 7. Accordingly, petition is allowed. Petitioner/accused No.2 is ordered to be released on bail for the offence punishable under Sections 328, 302, 201, 392, 342 read with 34 of IPC, registered in respondent - police station Crime No.269/2016, subject to the following conditions: (i). Petitioner has to execute a personal bond for Rs.1,00,000/- 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.