Allowed

Rajeshwari v. the State of Karnataka

Karnataka HC13 Aug 2024CRL.P/200767/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for bail filed by an Anganwadi worker accused of murder under IPC and SC/ST Act. Despite the serious nature of the offence requiring personal attendance, the Court directed her enlargement on bail subject to strict conditions.

What did the court decide?

Petitioner enlarged on bail in Special Case No. 36/2022 subject to personal bond of Rs. 1,00,000/-, two sureties, regular appearance, no tampering with witnesses, not committing similar offences, and

Rajeshwari Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC-K:5960 CRL.P No. 200767 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200767 OF 2024

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BETWEEN:

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RAJESHWARI W/O PRAKASH HALLI AGE. 30 YEARS OCC. ANGANWADI WORKER R/O AIKATA NAGAR VIJAYAPURA DIST. VIJAYAPURA - 586 101.

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…PETITIONER

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(BY SRI SANJAY A PATIL, ADV.) AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH POLICE JALNAGAR P.S POLICE STATION, GOLGUMBAZ CIRCLE DIST. VIJAYAPURA - 586 101 REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585 103.

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…RESPONDENT

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(BY SRI F.M. INAMDAR, HCGP)

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THSI CRL.P IS FILED U/S. 439 OF CR.P.C PRAYING TO ALLOW THE PETITION THEREBY ENLARGE THE PETITIONER ON BAIL IN SPECIAL CASE (SC/ST) NO. 36/2022 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE VIJAYAPURA, CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/SEC. 302 R/W 34 OF IPC AND SEC. 3(2) (v-a) OF SC/ST AMENDMENT ACT, 2015 REGISTERED ARISING OUT OF CRIME

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NC: 2024:KHC-K:5960 CRL.P No. 200767 of 2024

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NO. 45/2022 REGISTERED BY JALNAGAR POLICE STATION, DIST VIJAYAPURA, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.1 in Special Case (SC/ST) No.36/2022 pending before the Court of II Additional District and Sessions Judge, Vijayapura, arising out of Crime No.45/2022 registered by Jalanagar Police Station, Vijayapura, for the offences punishable under Section 302 read with Section 34 of IPC and Sections 3(2)(va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 2015, 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.45/2022 was registered by Jalanagar Police Station, Vijayapura, for the offences punishable under Section 302 read with Section 34 of IPC against the petitioner and others on the basis of the first information dated 10.06.2022 received from Lakshmana Halli, father of deceased

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NC: 2024:KHC-K:5960 CRL.P No. 200767 of 2024

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Prakash. During the course of investigation, petitioner was arrested on 11.06.2022 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed. Bail application filed by the petitioner before the Court of II Additional District and Sessions Judge, Vijayapura, was rejected on 06.01.2024 and therefore, she is before this Court.

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Learned counsel for the petitioner submits that the petitioner is a lady aged about 30 years having three minor children and the case of the prosecution is based on circumstantial evidence. The allegation of strangulating deceased Prakash is against accused Nos.2 and 3. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has seriously opposed the prayer made in the petition.

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FIR in Crime No.45/2022 was registered against the petitioner and others since the first informant suspected hand of the petitioner in the death of his son deceased Prakash. During the course of investigation, petitioner was arrested on

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NC: 2024:KHC-K:5960 CRL.P No. 200767 of 2024

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11.06.2022. Investigation in the case is complete and charge sheet has been filed. As per the charge sheet allegations, petitioner had illicit relationship with accused No.2 and this was opposed by Prakash, who was the husband of the petitioner. It is in this background, accused Nos.1 and 2 had decided to eliminate Prakash. Accused No.2 therefore conspired with accused No.3 and thereafter, purchased a strip of sleeping pills and handed over the same to accused No.1, who in turn powdered the same and mixed it with the food of deceased Prakash. Prakash consumed food which was mixed with powdered sleeping pills and had slept in his house. Accused Nos.2 and 3 thereafter entered the house and with the help of a polyster veil strangulated the neck of Prakash and committed his murder.

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Petitioner is a lady aged about 30 years and she is in custody from 11.06.2022. The material on record would go to show that she has got three minor children, who are required to be taken care of. The entire case of the prosecution is based on circumstantial evidence. Considering the nature of the allegations found in the charge sheet against the petitioner and also having regard to the proviso to Section 437(1) of Cr.P.C, I

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5 - NC: 2024:KHC-K:5960 CRL.P No. 200767 of 2024

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am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (SC/ST) No.36/2022 pending before the Court of II Additional District and Sessions Judge, Vijayapura, arising out of Crime No.45/2022 registered by Jalanagar Police Station, Vijayapura, for the offences punishable under Section 302 read with Section 34 of IPC and Sections 3(2)(va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 2015, subject to the following conditions:

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a) Petitioner 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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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons;

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NC: 2024:KHC-K:5960 CRL.P No. 200767 of 2024

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off.

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Sd/-

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(S.VISHWAJITH SHETTY) JUDGE

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Rajeshwari v. the State of Karnataka

Case brief

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Rajeshwari v. the State of Karnataka

Case brief

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