Allowed

Mrs. Pratheepa. N v. State of Karnataka

Karnataka HC17 Mar 2023CRL.P/849/2023

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's bail petition under Section 439 Cr.P.C. in a murder case. Relying on the principle of parity with an already granted bail to a co-accused, and noting the petitioner is a female, the court ordered enlargement on bail with specific conditions.

What did the court decide?

Petitioner enlarged on bail upon executing a personal bond of Rs. 2,00,000/- with two sureties, including a government servant.

Mrs. Pratheepa. N Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

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CRL.P No. 849 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 849 OF 2023

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BETWEEN:

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Digitally signed by C SOWMYA Location: High Court of Karnataka

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MRS. PRATHEEPA. N, D/O NATARAJ, AGED ABOUT 27 YEARS, R/A NO.B-1, 4TH CROSS, SAI KRUPANIYAS, SOMESHWARA LAYOUT, BILEKAHALLI, BANGALORE - 560 076. PERMANENT ADDRESS, NO. 21/5, 2ND MAIN ROAD, JAGANATHA NAGAR, ARUNBAKKAM, CHENNAITAMIL NADU - 600 106.

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…PETITIONER (BY SRI. PRADEEP C S, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BEGUR POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001.

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CRL.P No. 849 of 2023

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…RESPONDENT

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(BY SRI. VINAYAKA V S, HCGP)

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THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.240/2022 OF BEGUR P.S., BANGALORE FOR THE OFFENCE P/U/S 120B, 143, 302, 149 OF IPC ON THE FILE OF THE XLI ACMM, BANGALORE IN C.C.NO.38436/2022.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri.Pradeep C.S, the learned counsel for the petitioner and Sri. Vinayaka V.S, learned HCGP for the respondent-State and perused the records.

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Present petition is filed under Section 439 of Cr.P.C. with the following prayer:

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“Wherefore, it is prayed that this Hon’ble Court be pleased to pass an order of bail enlarging the Petitioner in Crime No.240/2022 of Begur Police Station, now in C.C.No.38436/2022 pending on the file of the XLI Addl. Chief Metropolitan Magistrate Court at Bangalore for the offence punishable under section 120(B), 143, 302, 149 of Indian Penal code in the justice and equity.”

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CRL.P No. 849 of 2023

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The accused is charge-sheeted for the offence punishable under Section 302 read with Section 34 of Indian Penal Code (for short herein referred to as 'IPC').

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The petitioner is accused No.2. The charge sheet materials reveal that the accused/petitioner had living in relationship with the deceased-Vikas. Since Vikas had taken nude photographs of the petitioner herein, there was scuffle and in this scuffle, Surya and others have assaulted Vikas by confining him into a room in a house at Mico layout, Bengaluru. When Vikas sustained injures and wanted water, the inmates of the house fed him water and wanted to shift him to the hospital and he was shifted in a car to the St.John’s Medical Hospital for treatment and he breathed his last. Despite best treatment in the hospital, Vikas did not survive and thereafter, Police have invoked Section 302 of IPC.

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Attempt made by the accused/petitioner to obtain an order of grant of bail, which was turned down by the learned LXVIII Additional City Civil and Sessions Judge, Bengaluru by

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CRL.P No. 849 of 2023

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order dated in Criminal Misc.No.107/2023. Therefore, the petitioner is before this Court.

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Learned counsel for the petitioner contended that petitioner is entitled to grant of bail on the ground of parity as this court has granted bail to Surya, who is co-accused.

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Per contra, learned High Court Government Pleader opposes the bail petition for grant of bail.

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This Court perused the materials on record meticulously in the light of the rival contentions of the parties

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The role assigned to the present petitioner in the charge sheet material is that she is the one who hatched the plan to take way the life of the Vikas, in view of the fact that he had taken her nude photographs and published on the social media. This Court granted bail to the co-accused by name Surya who said to have assaulted with helmet on stomach. The present petitioner also stands on the same footing as that of the co-accused Surya. In fact, the present petitioner has not even assaulted Vikas, but she was only present during the said assault.

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CRL.P No. 849 of 2023

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Accordingly, without expressing further opinion on

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the merits of the matter, only on the ground of parity, petitioner is entitled for grant of bail, more so, she is a lady. Hence, following order is passed.

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O R D E R

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The Criminal Petition is allowed .

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Petitioner is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court. One surety among them should be a Government servant.

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Petitioner shall not directly or indirectly tamper the prosecution witnesses in any manner.

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Petitioner shall attend the Court regularly.

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Petitioner shall not indulge in similar offences.

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Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.

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Sd/JUDGE

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SMC

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List No.: 1 Sl No.: 75

Mrs. Pratheepa. N v. State of Karnataka

Case brief

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Mrs. Pratheepa. N v. State of Karnataka

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