Allowed

Jayalakshmi v. the State of Karnataka

Karnataka HC2 May 2023CRL.P/921/2023

Case brief

AI extract

What is this about?

In a bail petition under Section 302 IPC, the High Court granted bail to the petitioner, mother of the deceased's daughter, finding her not involved in the murder and balancing principle of parity with a co-accused.

What did the court decide?

Bail enlarged subject to personal bond of Rs. 2,00,000 with sureties and five specific conditions including non-tampering with evidence and leaving jurisdiction without permission.

Jayalakshmi Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

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CRL.P No. 921 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 921 OF 2023

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BETWEEN:

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JAYALAKSHMI, W/O VASU, AGED ABOUT 45 YEARS OCC: LABOURER HOUSEHOLD WORK, R/O AMBEDKAR NAGARA, BALLUPETE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 134.

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…PETITIONER

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(BY SRI. DINESH KUMAR RAO K., ADVOCATE FOR SRI. R. B. DESHPANDE, ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: High Court of Karnataka

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THE STATE OF KARNATAKA, BY SAKALESHPURA RURAL POLICE STATION, SAKALESHPURA CIRCLE, HASSAN DISTRICT -573 134.

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(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU -560 001)

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…RESPONDENT

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(BY SRI. R. D. RENUKARADHYA, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.187/2022 (CR.NO.57/2022) OF SAKALESHPURA RURAL

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CRL.P No. 921 of 2023

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P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 302,201 R/W 34 OF IPC AND ETC.,

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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 on bail application.

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The Circle inspector of Police, Sakaleshpura

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has submitted a charge sheet against accused Nos.1 to 3 for the commission of offence punishable under Section 302, 201 read with 34 of IPC.

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The brief facts of the prosecution case is that on 14/15.03.2022 during night time within the jurisdiction of Rural Police Station, Sakaleshpura, accused No.1 has assaulted Anilraj with wooden club on his head and all over the body and committed the murder of Anilraj with regard to love affair with the daughter of petitioner. After committing murder of Anilraj, accused No. 1 along with accused Nos. 2 and 3 and the girl under conflict of law have buried the dead body of Anilraj in the land of Geethamani, W/o. Puttaswamy to conceal the evidence

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CRL.P No. 921 of 2023

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thereby committed the offence punishable under Section 302, 201 read with 34 of IPC.

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It is submitted by the learned counsel for the

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accused that accused No.3 Mohan has already obtained bail from this Court in Crl.P.No.10732/2022 dated 11.04.2023.

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A perusal of the charge sheet, it is crystal

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clear that the present petitioner is not involved in the murder of Anilraj. Considering the facts and circumstances of the case and also on principle of parity, I proceed to pass the following:

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ORDER

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The Criminal Petition filed under Section 439 of Cr.P.C. is allowed ; subject to the following conditions:

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i. The petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the learned Trial Judge.

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CRL.P No. 921 of 2023

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ii. The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.

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iii. Petitioner shall not leave the jurisdiction of Hassan District without prior permission.

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iv. Petitioner shall attend the Court regularly.

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v. Petitioner shall not indulge in similar offences.

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

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Sd/JUDGE

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SSD

Jayalakshmi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Jayalakshmi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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