Karnataka High Court
CRL.P/13843/2023 of SMT RAJESHWARI Vs STATE BY on 28 December 2023
2023:KHC:47046 CRL.P No. 13843 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 13843 OF 2023 BETWEEN: SMT. RAJESHWARI, W/O JAGADISH, AGED ABOUT 25 YEARS, R/AT NEAR CHAMAPAKADHAMA
Digitally signedby USHA N SLocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28[TH] DAY OF DECEMBER, 2023
BEFORE THE HON'BLE MR JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 13843 OF 2023
BETWEEN:
SMT. RAJESHWARI, W/O JAGADISH, AGED ABOUT 25 YEARS, R/AT NEAR CHAMAPAKADHAMA TEMPLE, BANNERUGHATTA VILLAGE AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DIST - 560 083.
(THE PETITIONER PRESENTLY IN JUDICIAL CUSTODY AT CENTRAL PRISON BENGALURU)
…PETITIONER
(BY SRI. ARAVIND REDDY H., ADVOCATE)
AND:
STATE BY KONANAKUNTE POLICE , BENGALURU - 560 062.
REP. BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMBEDKAR VEEDHI, BENGALURU - 560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
- 2 -
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.495/2023 OF KONANAKUNTE P.S., BENGALURU FOR THE OFFENCE P/U/S.307,354,384,324,506 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE II ACMM BENGLAURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439 of C.R.P.C seeking regular bail.
2. The petitioner is accused No.6 in Crime No.495/2023 registered by the Konanakunte Police for the offences punishable under Sections 506,307,354 read with 34 of IPC.
3. The fact of the prosecution case is that, one Smt.Bhulakshmamma lodged a complaint before the respondent - Police alleging that one Ashoka i.e., accused No.1, resident of Huskur, Yallappa resident of Ittanguru and others were measuring the property bearing survey No.47/48 on 26.11.2023 at about 12:30 p.m. and when the complainant questioned the same, at that time all the accused persons including this petitioner picked up quarrel with the complainant and her husband Siddalingappa and thereby accused No.1 one Ashoka stabbed the husband of the complainant Siddalingappa with a knife. Thereafter, all the accused assaulted the complainant and also robbed the Mangalsuthra of the complainant. Hence, the complaint came to be lodged by the complainant.
4. Subsequently, the respondent - Police arrested this petitioner and remanded to the judicial custody. Aggrieved by the same, the petitioner approached the Hon'ble XIV Additional City Civil & Sessions Judge, Bengaluru for grant of regular bail in Crl.Mis.No.11720/2023 which came to be dismissed on 14.12.2023. Hence, this petition.
5. Heard the learned counsel for the petitioner as well as learned High Court Government Pleader.
6. Primary contention of the petitioner is that this petitioner also lodged a complaint against the complainant and her husband on the same day i.e., on 26.11.2023 which is registered as Crime No.496/2023 for the offences punishable under Sections 506,384,307,354 of IPC.
7. According to the learned counsel, the complainant and her husband being aggressors had started quarrel and assaulted the petitioner. However, the respondent - police failed to receive the complaint of the petitioner at the earliest. Per contra, they received the complaint of the complainant and subsequently, registered the case against the accused person in the above crime. He also contends that even perusal of the complaint reveals that there is no attributes against this petitioner in respect of alleged assault made to the complainant's husband.
8. Per contra learned High Court Pleader vehemently opposed bail petition on the ground that the matter is still under investigation and the offences alleged against the petitioner is serious in nature and as such, he does not deserve for bail.
9. Perused the materials available on record. A careful perusal of the complaint lodged by the complainant reveals that she categorically stated that accused No.1 Ashoka stabbed her husband in a button knife. The allegation against this petitioner is that she was present at the time of incident along with other accused who assaulted the complainant.
10. Considering the fact that a complaint has also been lodged by the petitioner against the complainant, without expressing any opinion on the merits of the case, I am of the view that the petitioner may be released on regular bail.
11. Accordingly, the petition is allowed subject to the following conditions:
1. Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, o the satisfaction of the jurisdictional Court;
2. 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;
3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution threaten or tamper with the prosecution witnesses;
4. The petitioner shall not involve in similar offences in future;
5. 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.
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JUDGE
MEG List No.: 1 Sl No.: 15 CT:SNN