Allowed

Smt. Madhavi Alias Sudha W/O Santosh Bhosale Alias Gondalli v. State of Karnataka

Karnataka HC7 Feb 2024CRL.P/100200/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka granted regular bail to the petitioner, an accused in a murder case. The court noted the circumstantial nature of evidence and the bail status of co-accused to conclude the prayer for enlargement on bail be allowed with specific conditions.

What did the court decide?

Petitioner directed to be enlarged on bail subject to execution of personal bond, appearance regularly, no tampering with witnesses, no similar offences, and not leaving jurisdiction.

Smt. Madhavi Alias Sudha W/O Santosh Bhosale… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:2658 CRL.P No. 100200 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100200 OF 2024 (439)

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BETWEEN:

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SMT. MADHAVI @ SUDHA W/O. SANTOSH BHOSALE @ GONDALLI, AGE: 40 YEARS, OCC. BUSINESS, R/O. NAVI GALLI, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI-591317.

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…PETITIONER

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(BY SRI NEELENDRA D. GUNDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY RAIBAG P.S., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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…RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)

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Digitally VIJAYALAXMIM BHAT signed byVIJAYALAXMIM BHAT

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO GRANT PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN THE CRIME NO.204/2023 OF RAIBAG POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 302, 120(B) R/W 149 OF IPC, PENDING BEFORE VII ADDL.SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI, IN S.C. NO.5078/2023.

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2 - NC: 2024:KHC-D:2658 CRL.P No. 100200 of 2024

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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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Accused No.1 in S.C.No.5078/2023 pending before the Court of VII Additional Sessions Judge, Belagavi, arising out of Crime No.204/2023 registered by Raibag Police Station, Belagavi district for the offences punishable under Sections 143, 147, 148, 302 r/w 149 of Indian Penal Code is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.204/2023 was registered by Raibag Police Station, Belagavi district for the offences punishable under Sections 143, 147, 148, 302 r/w 149 of Indian Penal Code against the petitioner and others on the basis of the complaint lodged by Santosh Shankar Bosale.

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During the course of investigation, the petitioner was arrested on 21.06.2023. Investigation in

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3 - NC: 2024:KHC-D:2658 CRL.P No. 100200 of 2024

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the case is completed and charge sheet is filed. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.5006/2024 was rejected on 12.01.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the entire case of the prosecution is based on circumstantial evidence. Accused no.3 has been granted regular bail in Crl.P.No.103775/2022, accused No.6 has been granted anticipatory bail by this Court in Crl.P.No.100054/2024 and accused nos.2 and 4 have been granted regular bail in Crl.P.No.102893/2023. Accordingly, he prays to allow the petition.

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Per contra, the learned High Court Government

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Pleader has opposed the bail application.

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The case of the prosecution is based entirely on the circumstantial evidence. The material on record would go to show that after the dead body of the deceased-

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4 - NC: 2024:KHC-D:2658 CRL.P No. 100200 of 2024

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Hariprasad was found in the house of the accused No.1, initially police had registered a UDR case. During the investigation of the said case, the statement of C.W.10 was recorded by the police on 05.06.2023. Subsequently on 20.06.2023, a complaint was lodged by the husband of the petitioner herein alleging that he was informed by the C.W.10 that the petitioner had confessed him on 19.06.2020 about the murder of Hariprasad committed by her along with other accused. Except the alleged confession statement of the petitioner herein, there is no other material to connect her to the crime. Accused Nos.2 to 4 and 6 have already been granted bail by this Court in this case. Petitioner is a lady aged about 40 years and she is in custody from 21.06.2023 onwards. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following:

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ORDER

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Petition is allowed.

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5 - NC: 2024:KHC-D:2658 CRL.P No. 100200 of 2024

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The petitioner is directed to be enlarged on bail in S.C.No.5078/2023 pending before the Court of VII Additional Sessions Judge, Belagavi, arising out of Crime No.204/2023 registered by Raibag Police Station, Belagavi district for the offences punishable under Sections 143, 147, 148, 302 r/w 149 of Indian Penal Code, subject to the following conditions:

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i. Petitioner/accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court.

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ii. Petitioner/accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons.

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iii. Petitioner/accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses.

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6 - NC: 2024:KHC-D:2658 CRL.P No. 100200 of 2024

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iv. Petitioner/accused No.1 shall not involve in similar offences in future.

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v. Petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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VMB 1 -6 AC 7 to end List No.: 1 Sl No.: 20

Smt. Madhavi Alias Sudha W/O Santosh Bhosale Alias Gondalli v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Madhavi Alias Sudha W/O Santosh Bhosale Alias Gondalli v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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