Criminal Petition filed under Section 439 Cr.P.C. for bail in murder and robbery case. Court heard counsel, perused records, and dismissed the petition due to strong evidence of involvement in heinous offence.
Petition for enlargement of bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2021
BEFORE
THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.1395/2021
BETWEEN:
SMT. CHAITHRA, W/O VEERESHA, AGED ABOUT 24 YEARS, R/AT KALMALA VILLAGE, RAICHUR TALUK & DISTRICT – 584 101. (BY SRI G.M. GADILINGAPPA, ADVOCATE)
…PETITIONER
AND
STATE OF KARNATAKA, BY KADUGODI POLICE STATION, (REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR), HIGH COURT BUILDING, BENGALURU – 560 001.
…RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.161/2020 OF
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KADUGODI P.S., BENGALURU CITY FOR THE OFFENCES P/U/Ss. 302, 397, 201, 120B R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. for grant of bail in Crime No.161/2020 registered by the Kadugodi Police Station, for the offences punishable under Sections
302, 397, 201, 120B read with Section 34 of IPC.
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along with his wife in a house owned by him; his children were staying away from his house; accused No.1 and 2 were the tenants of the house belonged to the complainant; accused No.3 is friend of accused No.2 and he frequently visiting the rented house of accused Nos.1 and 2. On 12.08.2020 at about 10.30 a.m., the complainant went out of the house on his active Honda bike for the purpose of making payment of electricity bill to BESCOM Office and when he came back at about 1.15 noon he found his wife was murdered in the hall of the house. He informed the same to his children. Thereafter he went inside the bed room and found rob of an amount of Rs.45.5 lakhs, one gold chain weighing 30 grams, 50 grams weighing gold brass let, 8 grams gold ring, three Cheques and Cheque Book and also Rs.6,000/- cash. The police registered a case firstly against unknown
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persons and during investigation they arrested the accused persons, recorded their voluntary statement and recovered cash of Rs.19,18,337/-. Apart from this, gold ornaments, house hold articles and mobile phone of the deceased were recovered from them. The police remanded accused persons to judicial custody and after completion of investigation, filed the charge-sheet against them. The accused persons moved a bail application before the Sessions Judge, which came to be dismissed, hence, the petitioneraccused No.2 is before this Court.
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same in a trunk placed under the cot in bed room, based on this information the petitioner, her husband and another accused hatched a plan on 22.07.2020 to rob said money from the house of complainant. On 12.08.2020 accused No.1 went to terrace and watched going of complainant from the house at about 10.30 a.m., immediately he informed accused Nos.2 and 3 about leaving of house by complainant, thereafter accused No.2 and 3 with supermax blade entered the house of complainant from main gate dragged the deceased and closed her mouth; accused No.3 sat on her stomach, by that time accused No.2 asked accused No.3 to cut her neck with blade. Since the blade was not sharp, it has not cut the neck sufficiently, thereafter, accused No.2 picked knife from the table and gave it to accused No.3, thereafter accused No.3 cut the neck of deceased completely.
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Accused No.2 cut both legs of deceased with knife and murdered. After committing murder accused Nos.1 and 2 went to bed room, dragged the trunk which was below the cot, robbed cash and jewels from the said trunk and left the place.
investigation and filed the charge-sheet against the accused persons for the offences punishable under Sections 302, 397, 201 and 120(B) read with 34 of IPC and recovered cash, gold ornaments and mobile phone of the deceased from the accused persons. The offences alleged are punishable with death or imprisonment for life. It is the submission of the learned counsel for the petitioner that when the petitioner was arrested she was pregnant and after arrest she gave birth to a female baby in jail and now
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the baby is under care and custody of this petitioner, therefore, he prays for allowing the bail application.
and on perusal of materials available on record, accused No.3 is friend of accused No.2 and accused No.3 frequently visiting the rented house of accused No.1 and even stayed for some days. Earlier CW.16 Kumari Hamsalekha was staying in the rented house of accused Nos.1 and 2 and as such accused No.3 came in contact with CW.16 and at the time of talk CW16 told accused No.2 (this petitioner) that complainant is having huge amount in his home. Thereafter, plan of loot was hatched by accused Nos.1 and 2, for which they committed the heinous offence of murder of the wife of the complaint and looted cash of Rs.45.5 lakhs along with gold ornaments and other
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household articles. There are strong materials against this petitioner showing her involvement in the alleged offences. Therefore, this petition deserves to be dismissed.
Sd/JUDGE
Sbs*
2 issues framed by the court
Whether bail shall be granted to accused No.2 charged with murder and robbery.
Whether the petitioner's pregnancy and giving birth in jail entitles her to bail.
2 provisions across 2 enactments
CHAITHRA, W/O VEERESHA
STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
