Allowed

Dilli Rani v. the State of Karnataka

Karnataka HC11 Nov 2024CRL.P/12011/2024

Case brief

AI extract

What is this about?

The Single Judge allowed the criminal petition for bail filed by the accused wife in a murder case. Noting that most prosecution witnesses turned hostile and the trial is pending for over two years, the Court granted bail citing parity with the co-accused and her status as a woman.

What did the court decide?

Petitioner released on bail subject to executing a personal bond of Rs. 2,00,000 with two sureties and complying with conditions against tampering, fleeing, or delaying trial.

Dilli Rani Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:45516 CRL.P No. 12011 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO.12011 OF 2024

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BETWEEN:

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DILLI RANI W/O. R. SHANKARA REDDY AGED ABOUT 26 YEARS R/AT LINGESH GUNTA STREET CHINTHALAPATTEDA VILLAGE NAGARI MANDALAM CHITTUR DISTRICT ANDHRA PRADESH-517 127 (ACCUSED NO.1 IN JC)

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…PETITIONER

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(BY SRI GOPAL, ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY YASHWANTHAPURA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.

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…RESPONDENT

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(BY SMT. M. M. WAHEEDA, H.C.G.P.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE ABOVE PETITIONER ON BAIL IN CR.NO.134/2022 IN SC.NO.239/2023, P/U/S. 120(B), 302, 118 R/W 34 OF IPC, YESHWANTHPUR P.S., PENDING BEFORE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-63).THE LXII

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NC: 2024:KHC:45516 CRL.P No. 12011 of 2024

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ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITION ON 10.09.2024 IN CRL.MISC.NO.8089/2024.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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Office objection is over ruled. Learned HCGP is

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directed to take notice for respondent-State.

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This petition is filed by petitioner-accused No.1 under Section 439 Cr.P.C. (483 BNSS) for granting bail in Crime No.134/2022 registered by the respondentYeshwanthapura Police, Bengaluru, for the offences punishable under Sections 120B, 302 and 118 read with Section 34 of the Indian Penal Code, pending on the file of LXII Additional City Civil and Sessions Judge (CCH-63) in S.C.No.239/2023.

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Heard the arguments of learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

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NC: 2024:KHC:45516 CRL.P No. 12011 of 2024

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The case of the prosecution is that, on the

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complaint filed by one Rajashekara, who is the landlord of the deceased Shankara Reddy, to the police alleging that the deceased Shankara Reddy and his wife i.e., the petitioner along with their children occupied his house as a tenant. That on 28.04.2022 at about 10.00 p.m. the deceased Shankara Reddy met him and he returned to his house. Thereafter, the said Shankara Reddy came and knocked the door of the house of the complainant and he has asked as to what happened and the said Shankara

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Reddy has stated about the incident. Then the complainant found the deceased Shankara Reddy was lying dead in a pool of blood and the present petitioner was also lying with blood unconscious. Thereafter, both the deceased husband and this petitioner were shifted to hospital. During investigation, it was revealed that this petitioner in collusion with accused No.2 are said to have committed murder of her husband. Accordingly, the police arrested the petitioner on 28.04.2022. The petitioner was remanded to judicial custody. The bail petition of this

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NC: 2024:KHC:45516 CRL.P No. 12011 of 2024

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petitioner has been dismissed by the Trial Court. Hence,

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the petitioner is before this Court.

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Per contra, the learned High Court Government

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Pleader for the respondent-State opposed the bail petition.

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Heard learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State and perused the material on record. Of course, the charge sheet is filed against accused Nos.1 and 2. This Court previously rejected the bail petition of accused No.2 on 29.07.2022 in Crl.P.No.6127/2022. Subsequently this Court has granted bail to accused No.2 in Crl.P.No.7503/2022 on 13.10.2022. Now, the petitioner-accused No.1 who is the wife of the deceased has filed this petition. She has contended that the Trial Court already took up the matter for trial and almost nine witnesses were examined. The complainant and alleged eye witnesses have not supported the prosecution case. They denied the presence of accused No.2 with this

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NC: 2024:KHC:45516 CRL.P No. 12011 of 2024

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petitioner. The trial is under progress. There nothing remains for keeping the petitioner in custody.

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Considering the evidence led by the prosecution, most of the witnesses have turned hostile and not supported the prosecution case. The petitioner is a woman and she is in custody for almost more than 2½ years. Trial is not yet concluded. There are no chances of concluding the trial in the near future. Therefore, keeping the petitioner in custody will not serve any purpose except for her appearance in the further trial. Accused No.2 is

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granted bail. Therefore, on the ground of parity and the petitioner being a woman, she is entitled for special consideration.

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Accordingly, I pass the following:

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ORDER

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1. Criminal Petition is allowed .

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The Trial Court is directed to release the

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petitioner-accused No.1 on bail, in Crime No.134/2022 of Yeshwanthapura Police Station for the offences punishable under Sections 120(B), 302 and 118 read with Section 34

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NC: 2024:KHC:45516 CRL.P No. 12011 of 2024

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of IPC, pending on the file of LXII Additional City Civil and Sessions Judge (CCH-63) in S.C.No.239/2023 subject to the following conditions:-

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(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court;

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(ii) Petitioner shall not tamper with the prosecution witnesses directly/indirectly;

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(iii) Petitioner shall not leave the jurisdiction without prior permission of the Trial Court, and

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(iv) Petitioner shall take the trial without causing any delay.

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If any of the above conditions are violated, the

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prosecution is at liberty to seek cancellation of this bail order.

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Sd/(K.NATARAJAN) JUDGE

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JT/-

Dilli Rani v. the State of Karnataka

Case brief

What is this about?

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Dilli Rani v. the State of Karnataka

Case brief

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