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2023 DIGILAW 948 (KAR)

Savithri Bai v. State of Karnataka

2023-08-01

S.VISHWAJITH SHETTY

body2023
JUDGMENT 1. Accused No.2 in S.C.No.146/2022, pending before the Court of III Additional District and Sessions Judge, Tumakuru, arising out of Crime No.104/2022, registered by the Sira Police Station, for the offence punishable under Ss. 302, 201 read with Sec. 34 of IPC, is before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. On the basis of the complaint lodged by one Sevanaika son of Bheemanaika on 2/6/2022, the Sira Police have registered F.I.R. in Crime No.104/2022 against one Rajanaika and the petitioner herein. In the complaint it is stated that Ravichandra Naika was found missing from the house and on 1/6/2022 meeting of the elders in the village was called for and during the course of meeting, people gathered found the behavior of accused Nos.1 and 2 suspicious and therefore they had asked them to reveal the truth. Accused No.1 is said to have been met the deceased Ravichandra Naika on 2/4/2022, and assaulted him with hands and thereafter pressed his neck with his leg and killed him. Accused Nos.1 and 2 thereafter allegedly shifted the dead body and buried it in a vacant place near their house. On the basis of this confession statement made by accused No.2/petitioner, complaint was lodged on 2/6/2022 at about 2.30 pm before the Sira Police Station, who have registered F.I.R. in Crime No.104/2022. Investigation in the case is completed and charge sheet has been filed. Petitioner has filed bail application under Sec. 439 of Cr.P.C., before the trial Court in S.C.No.146/2022 which was dismissed by the said Court on 3/12/2022. Under these circumstances, petitioner is before this Court. 4. The learned counsel for petitioner submits that investigation in the case is completed and charge sheet has been already filed. Petitioner is a lady, aged about 33 years. He submits that the case is based on circumstantial evidence and there is no direct eye-witness to the incident. He also submits that allegations against the petitioner is only that she had held the legs of the deceased while accused No.1 assaulted him. He therefore, prays to allow the petition. 5. Per contra the learned HCGP has opposed the bail application and submits that children of the petitioner are the eye-witness to the incident. She submits that petitioner is likely to tamper the prosecution witnesses. He therefore, prays to allow the petition. 5. Per contra the learned HCGP has opposed the bail application and submits that children of the petitioner are the eye-witness to the incident. She submits that petitioner is likely to tamper the prosecution witnesses. She further submits that offence is heinous in nature and prays to dismiss the petition. 6. Complaint was lodged on 2/6/2022 before the Sira Police Station on the basis of the confession made by the petitioner, in a meeting held in the village on 1/6/2022. Investigation in the case is completed and charge sheet has been filed. As per charge sheet, allegations against the petitioner and accused No.1 is that on 2/4/2022, accused No.1 had assaulted the deceased- Ravichandra Naika and when he fell down, accused No.1 pressed the neck of Ravichandra Naika with his leg and killed him. The allegations against the petitioner is that she held the legs of deceased-Ravichandra Naika, when accused No.1 was pressing his neck with his leg. Petitioner is a lady, aged about 33 years. Investigation in the case is completed and charge sheet has been filed. Apprehension of the State that, petitioner is likely to tamper with the prosecution witnesses can be taken care of by imposing conditions. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner/accused No.2 is directed to be enlarged on bail in S.C.No.146/2022, pending before the Court of III Additional District and Sessions Judge, Tumakuru, arising out of Crime No.104/2022, registered by the Sira Police Station, for the offence punishable under Ss. 302, 201 read with Sec. 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1, 00, 000.00 (One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. e) The petitioner shall not visit Sira/enter Sira Taluk, till the trial Court dispose of the case against her in S.C.No.146/2022.