Criminal Petition No. 7880 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7880 OF 2025 BETWEEN: MAMATHA, W/O ANANDA, AGED ABOUT 24 YEARS, R/AT NO. 2ND CROSS, SHANKARAPURA, KADUGODI, BENGALURU-560050 PERMANENT ADDRESS: LAKSHMIDEVIPURA VILLAGE, DODDABALLAPURA TALUK, HADONAHALLI POST, BENGALURU RURAL- 561203 (BY SRI. CHANDRASHEKAR R.P., ADVOCATE) …PETITIONER AND: Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
Legal Reasoning
STATE BY KADUGODI P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT
Legal Reasoning
(BY SRI. RANGASWAMY R., HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.76/2023 OF KADUGODI P.S WHICH IS PENDING IN S.C NO.21/2024 BEFORE THE HON'BLE VIII ADDL.DIST AND SESSIONS JUDGE AT BENGALURU RURAL DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 201, 120B R/W 34 OF IPC. - 2 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.21/2024 pending before the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.76/2023 registered by Kadugodi police station, Bengaluru, for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.76/2023 was registered by Kadugodi Police, Bengaluru, initially for the offences punishable under Section 306 of IPC against the petitioner herein based on the first information dated 21.03.2023 received from Sri. Muniraju M, father of the deceased - Anand M. During the course of investigation, the petitioner herein was arrested on 22.03.2023 and subsequently, enlarged on bail by jurisdictional - 3 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR Sessions Court in Crl.Misc.No.606/2023 disposed of on 21.04.2023. 4. After completing investigation, charge-sheet was filed against the petitioner and another for the aforesaid offences. Subsequently, the petitioner had absented herself before the committal Court and therefore, non-bailable warrant was issued against her and her presence was secured on 31.10.2023 and on the said date, she was remanded to the judicial custody. The case as against accused was subsequently committed to the jurisdictional Sessions Court and trial is now pending against the accused in S.C.No.21/2024. Bail application filed by the petitioner before the Trial Court thereafter in Crl.Misc.226/2024 was dismissed on 12.03.2024. Therefore, she is before this Court. 5. Learned counsel for the petitioner submits that the petitioner, who is a married lady, is in judicial custody for the last more than one year seven months. She has no other criminal antecedents. Her presence was secured by the committal Court for the reason that she had not appeared before the Court and thereafter, she was remanded to judicial - 4 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR custody. The case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition and submits that bail was initially granted to the petitioner at crime stage and after completing the investigation, charge-sheet has been filed invoking offence punishable under Section 302 of IPC. After filing of charge- sheet, the petitioner had not obtained any bail. There are strong circumstances against her in the charge-sheet. Accordingly, he prays to dismiss the petition. 7. FIR against the petitioner was initially registered for the offence punishable under Section 306 of IPC. The petitioner, who was arrested after registration of FIR against her, was enlarged on bail by the jurisdictional Sessions Court in Crl.Mis.No.606/2023 disposed of on 21.04.2023. After completing investigation, charge-sheet has been filed against two persons and the petitioner is arrayed as accused No.1 in the charge-sheet which is filed invoking offence punishable under Section 302 of IPC. Subsequent to release of the petitioner on bail in Crl.Misc.No.606/2023, a requisition was - 5 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR made by the Investigating Officer to give custody of the petitioner for the purpose of investigation and the said application was allowed and the petitioner was directed to appear before the Investigating Officer for the purpose of investigation. It is not the case of the prosecution that she has not cooperated for the purpose of investigation. 8. The material on record would also go to show that the petitioner was taken into custody in the present case for the reason that she had not appeared before the committal Court and she was remanded to judicial custody on 31.10.2023. The case is already committed to the Sessions Court in the year 2023 itself. However, there is no progress before the Trial Court and the trial in the case is yet to commence. 9. The material on record would go to show that during the lifetime of deceased - Anand M, he had filed a divorce petition against the petitioner alleging that the petitioner had illicit relationship with one Gagan from Andhra Pradesh and charge-sheet is now filed that the petitioner had illicit relationship with accused No.2 - Harish M.S. and since the - 6 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR petitioner did not intend to live with her husband, she conspired with accused No.2 and committed the murder of deceased. Entire case of the prosecution is based on circumstantial evidence. Allegations found in the charge-sheet are required to be proved in the full-fledged trial. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 437 of Cr.P.C., I am of the opinion that since the petitioner is a 24 years lady, her prayer for granting bail is to be answered in the affirmative. 10. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.21/2024 pending before the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.76/2023 registered by Kadugodi police station, Bengaluru, for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) - 7 - NC: 2025:KHC:20974 CRL.P No. 7880 of 2025 HC-KAR 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) e) The petitioner shall not involve in similar offences in future; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE PMR List No.: 2 Sl No.: 12