Criminal Petition No. 1739 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1739 OF 2025 BETWEEN: SMT. RADHA W/O MURUGESHAN NOW AGED ABOUT 40 YEARS R/O KURUMBAR STREET NALLAMBALLI, DHARMAPURAI DISTRICT, TAMILNADU STATE - 571 443 NOW IN JUDICIAL CUSTODY. (BY SRI RAJU S, ADV.) AND: THE STATE OF KARNATAKA BY THE POLICE OF CHANNAPATNA RURAL POLICE STATION, CHANNAPATNA RAMANAGARA DISTRICT - 562 160 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.320/2023 OF CHANNAPATNA RURAL P.S. CHANNAPATNA, RAMANAGARA DISTRICT NOW PENDING IN CRL.MISC.NO.466/2024 ON THE FILE OF LEARNED PRL.DISTRICT AND SESSIONS JUDGE RAMANAGARA FOR THE OFFENCE P/U/S 120(B),302,201,404 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 ORAL ORDER Accused No.4 in S.C.No.34/2024 pending before the Court of Principal District & Sessions Judge, Ramanagara arising out of Crime No.320/2023 registered by Channapatna Rural Police Station, Ramanagara District for the offences punishable under Sections 120(B), 302, 201 & 404 R/w 34 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.320//2023 was registered by Channapatna Rural Police Station, Ramanagara District against unknown person initially for the offence punishable under Sections 365 of IPC, on the basis of first information dated 03.12.2023 received from Sri Prashant C.M, who is the son of deceased Mahadevaiah. During the course of investigation of the case, dead body of Mahadevaiah was found. Thereafter, offence punishable under Section 302 of IPC was invoked in the case and subsequently accused - 3 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 persons were arrested. The petitioner herein was arrested on 17.12.2023 and subsequently remanded to judicial custody. Investigation of the case is complete and charge sheet is now filed against four persons. The petitioner herein is arraigned as accused No.4 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.466/2024 was dismissed on 25.07.2024. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner is a married lady aged about 40 years having no criminal antecedents. The aonly allegation against her is that she had conspired with accused Nos.1 to 3 to commit the murder of deceased. Accused Nos.1 to 3 are in custody. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. She submits that the petitioner was part of the conspiracy and she was throughout in contact with the - 4 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 other accused persons, who have committed the heinous offence. Accordingly, she prays to dismiss the petition. 7. FIR in the present case was initially registered for the offence punishable under Section 365 of IPC, after deceased Mahadevaiah was found missing. During the course of investigation, the dead body of Mahadevaiah was found and subsequently accused persons were also arrested and after completing investigation, charge sheet has been filed. As per charge sheet allegation, accused No.1 and the petitioner, who is the wife of accused No.1 were working in a estate which is adjacent to the property of deceased Mahadevaiah. The deceased allegedly had sought sexual favour from the petitioner and he also had asked accused No.1 to cooperate for the same. It is in this background, accused Nos.1 and 4 had ill-will against Mahadevaiah. Subsequently, accused No.1 and the petitioner had settled at Nalambally, Tamilnadu state and at Nalambally they allegedly conspired with accused Nos.2 and 3 to commit murder of Mahadevaiah. In - 5 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 furtherance of such conspiracy, accused Nos.1 to 3 came to Channapatna taluk in Ramanagara District on 28.11.2023 and they were watching the whereabouts of deceased Mahadevaiah. On 01.12.2023 at about 11.30 p.m, they entered the house of Mahadevaiah in Vaddaradoddi of Channapatna taluk and accused Nos.1 to 3 allegedly caught hold of Mahadevaiah and committed his murder by strangulating his neck and assaulting him with their hands and legs on his body. Thereafter, the dead
Decision
body of Mahadevaiah was shifted in a car and disposed of in a forest area within Hanur taluk of Chamarajanagara district. From the aforesaid it is very clear that the petitioner was not a part of the gang which committed the murder of deceased Mahadevaiah on 01.12.2023 and she was not even present in Channapatna taluk on the said date. 8. The only allegation as against the petitioner who is a married lady is about conspiracy with the other accused persons to commit the murder of Mahadevaiah. - 6 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 Considering the nature of allegation againt the petitioner and also having regard to the proviso to Section 437(1) of Cr.P.C,, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.34/2024 pending before the Court of Principal District & Sessions Judge, Ramanagara arising out of Crime No.320/2023 registered by Channapatna Rural Police Station, Ramanagara District for the offences punishable under Sections 120(B), 302, 201 & 404 R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees 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 - 7 - NC: 2025:KHC:9401 CRL.P No. 1739 of 2025 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 involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS