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High CourtsSingle Bench(2013) 01 KAR CK 0087

Surekha Kurub vs The State

Karnataka High Court · Decided on 3 January 2013

HON’BLE JUDGES
Mohan Shantanagoudar, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 16176 of 2012

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Judgment

10 paragraphs · 336 words

Mohan Shantanagoudar

1.

Petitioner is second accused in Crime No. 136/2012 of Hallikhed Police Station, Humnabad Taluk, Bidar District, registered for the offence punishable u/s 307 of IPC apart from other offences. Case of the prosecution in brief is that there was quarrel between the injured-Laxmi W/o Chandrakanth Prabhugond and the accused in respect of a passage lying in the front portion of the house. The accused namely Mallappa (accused No. 1) and Surekha (petitioner herein) started quarrelling with the complainant on 24.10.2012 at about 8.00 p.m. and at that point of time, petitioner herein held the victim/complainant and whereas her husband namely Mallappa S/o Manikappa stabbed on the abdomen of the victim. Consequent upon which, the victim sustained certain injuries.

2.

The medical certificate reveals that the injury sustained by the victim is simple in nature and might have been caused by sharp object like knife. Prima facie, material reveals that the complainant sustained injury due to stabbing by accused No. 1-Mallappa. Said Mallappa is already released on bail by the Sessions Court on 06.12.2012. Since the main offender is released, as the petitioner has allegedly assisted accused No. 1 in commission of the offence, she may be granted order of anticipatory bail more particularly, having regard to the fact that she is the married lady aged about 30 years. Accordingly, the following order is made.

ORDER

Petitioner shall surrender before the Investigating Officer within three weeks from today. On her surrender/arrest, she shall be released on bail subject to following conditions:

(1) Petitioner shall execute bond for a sum of Rs. 50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(2) Petitioner shall not tamper with the prosecution witnesses nor she shall abscond.

(3) Petitioner shall mark her attendance before the Investigating Officer on every Sunday between 10.00 AM and 5.00 PM till the completion of the investigation.

(4) Petitioner shall co-operate during the course of the investigation.

Criminal petition is allowed accordingly.