Karnataka High Court
CRL.P/10244/2017 of SMT. SOUBHAGYA Vs STATE OF KARNATAKA on 28 December 2017
COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE N.K. SUDHINDRARAO Crl.P.No.10244/2017 Between: Smt. Soubhagya W/o Harish Aged about 23 years R/at Ward No.1, 1st Block Guptha Layout, Kaiwara Chitamani Taluk 563 128 ... Petitioner (By Sri.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU|DATED THIS THE 28[TH]DAY OF DECEMBER, 2017
BEFORE
THE HON’ BLE MR. JUSTICE N.K. SUDHINDRARAO>
Cri.P.No.10244/2017
Between:
Smt. Soubhagya_W/o HarishAged about 23 years.R/at Ward No.1, 1[ST]Block |Guptna Layout, KaiwaraChitamani Taluk 563 128.
... Petitioner
(By Sri. M Shasnidnara, Adv.,)
And:
State of Karnataka.By Chikkajala P.S.Represented by SPPHigh Court of KarnatakaBangalore 560 OO1
... Respondent
(By Sri. K Nagesnwarappa-HCGP)
This Petition is filed under Section 439 of Cr.P.C.|praying to enlarge the petitioner on bail in Cr.No.103/2017 ofChikkajala P.S. Bangalore for the offences punishable under|Sections 120-B,302 and 201 r/w Section 34 of IPC. |
Tnis Petition coming on for orders this day, the Court|made the following:|
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ORDER
Heard the learned counsel for the petitioner and learned HCGP. Perused the records.
2. This petition is filed under Section 439 of Cr.P.C.|seeking for anticipatory bail apprehending her arrest in)Cr.No.103/2017 by the respondent — Chikkajala Police for the|offences punishable under Sections 120-B,302 and 201 r/w|Section 34 of IPC.
3. It is stated that a case came to be registered on|26.9.2017 at about 16.00 hours by one Sakarappa, Head)constable-6052 on the basis of the information by a private|informant against the petitioner herein, who is accused No.3|along with other three accused persons committed the murder|of one Shanthamma K.S., who is the mother of the petitioner|herein and mother-in-law of Accused No.1 in Cr.No.103/201/7|for the offences punisnable under Sections 120-B, 302 and)201 r/w Section 34 of IPC. It is the case that the death took|place on 1.8.2017 and the dead body was buried. Complaint|was filed on 29.6.2017 stating that the deceased was done to)
death by the accused persons including the petitioner herein. ©
The petitioner is in judicial custody since 26.9.201/7.
4. Learned High Court Govt. Pleader would oppose grant|of Dall.
5. Considering the circumstances and context of the.case along with the relationship of the petitioner nerein with|the deceased, it is just and proper to enlarge the petitioner onbail. The apprehension of the prosecution, however be met|with by imposing stringent conditions.
6. Under the above circumstances, the following order|is passed:
Tne petition is allowed. The petitioner snall be released|on bail in connection with Crime No.103/2017 on the file of|respondent- Chikkajala Police for the offences punishable.under Sections 120-B,302 and 201 r/w Section 34 of IPC,|subject to tne following conditions: |
*:Tne petitioner snall execute a personalbond for a sum of Rs.1,00,000/- (Rupees one|lakh only) with one surety for the like sum to|tne satisfaction of the jurisdictional Magistrate.
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