Sushmitha S vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.2 in S.C.No.142/2022 pending before the Court of III Addl. District & Sessions Judge, Hassan, arising out of Crime No.15/2022 registered by the Konanur police station, Hassan District, for the offences punishable under Sections 302 r/w 34 of IPC is before this Court under Section 439 Cr.P.C.

Heard learned counsel for the parties.

On the complaint of B.C. Manjunatha, owner of B.S.C. lodge, Konanur, Arkalagudu Taluk, dated 18.01.2022, FIR in Crime No.15/2022 was registered for the aforesaid offences against one Lakshmana and the petitioner herein. In the complaint it is averred that on 18.01.2022 at about 04.30 P.M., petitioner came to the lodge of the complainant and checked into room No.1 of the lodge. She allegedly informed the complainant that her husband would be coming to the room after sometime. At about 04.45 P.M. one Sri. Dileep and another also checked into the lodge and they were in room No.3. At about 06.30 P.M. the complainant heard some loud sound from the lodge and when he went towards room No.1, lady who was staying in the room went outside and complainant found blood near the room and therefore, he closed the door of the room from outside and immediately called the police.

The police thereafter arrived and opened room No.1 and found accused No.1 inside the room along with the dead body of another person. It is in this background complainant had approached the police and lodged complaint which had resulted in registration of FIR in Crime No.15/2022 by Konanur police station. During the course of investigation, petitioner was arrested on 27.01.2022. Investigation in the case is completed and charge sheet has been filed. Petitioner’s bail application filed before the Court of the III Addl. District & Sessions Judge, Hassan, in S.C.No.142/2022 was dismissed on 05.07.2022. Therefore, she is before this Court. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a lady and allegation of assault on the deceased is only as against accused Nos.1 and 3.

Per contra, learned HCGP has opposed the bail application and she submits that petitioner had thrown Chilli powder on the eyes of the deceased prior to accused Nos.1 and 3 assaulting him.

Petitioner, who is a lady aged about 25 years is in custody since 27.01.2022. Investigation in the case is completed and charge sheet has been filed. As per the charge sheet allegations, deceased had advanced Rs.90,000/- as loan to the petitioner and he had also given a 10 grams gold chain to her. Since he was constantly demanding the same, petitioner along with other accused persons decided to murder him and in furtherance of such conspiracy, petitioner telephoned deceased Harish and asked him to come to the lodge at Konanur. Accordingly, on 18.01.2022, the deceased Harish came to room No.1 of the lodge at Konanuru. Petitioner allegedly threw Chilli powder on his eyes and accused Nos.1 and 3 assaulted him with knifes. There is no allegation as against the petitioner about any assault on the deceased. The only allegation against the petitioner is that she threw chilli powder on the deceased. The entire case of prosecution is based on circumstantial evidence and there is no eye witness to the incident. Considering the nature of allegation against the petitioner and also having regard to the first proviso to Section 437(1) of Cr.P.C., I am of the view that petitioner’s prayer for grant of regular bail is required to be answered in the affirmative. Accordingly, the following order:

The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.142/2022 before the Court of III Addl. District & Sessions Judge, Hassan, arising out of Crime No.15/2022 registered by the Konanur police station, Hassan District, for the offences punishable under Sections 302 r/w 34 of IPC, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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 his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.