High Court granted regular bail to accused No.2, a labourer accused of murder IPC 302 and causing miscarriage IPC 201. The court held she could be enlarged on bail subject to conditions and execution of a bond of Rs.2 Lacs with two sureties.
Petitioner enlarged on bail on execution of bond of Rs.2,00,000 with two sureties subject to specified conditions.
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NC: 2024:KHC:24674 CRL.P No. 6052 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2024 BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 6052 OF 2024
BETWEEN:
PAYAL KUMARI D/W AVAD BIHARI BAIDA AGED ABOUT 23 YEARS LABOURER, RESIDING AT TATA ESTATE LINE, GABDAL VILLAGE, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT - 577 160.
AND ALSO SALGI VILLAGE, SALGI TALUK LOHARDAGGA, JHARKHAND - 834 002.
…PETITIONER
(BY SRI VINAY KUTTAPPA, ADV.)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
STATE OF KARNATAKA BY BALURU POLICE CHIKKAMAGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
…RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S.439 CR.PC. PRAYING TO GRANT THE RELIEF OF REGULAR BAIL TO THE PETITIONER (ACCUSED NO.2) IN S.C.NO.34/2024 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 302, 201 R/W 34 OF IPC ARISING OUT OF FIR BEARING CR.NO.49/2023 FOR THE OFFENCE P/U/S 302 AND 201 OF IOPC, REGISTERED BY THE BALURU POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No.49/2023 of Balur Police Station, Chikkamagaluru District, pending on the file of the learned II Additional District and Sessions Judge at Chikkamagaluru registered for the offences punishable under Sections 302, 201 R/w 34 of Indian Penal Code on the basis of the first information lodged by the informant- Sri Raju K.G.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
NC: 2024:KHC:24674 CRL.P No. 6052 of 2024
R E A S O N S
grant of bail. she was apprehended on 21.12.2023 and since then, she is in judicial custody.
NC: 2024:KHC:24674 CRL.P No. 6052 of 2024
learned counsel for the petitioner that she is innocent and has not committed any offence cannot be accepted at this stage.
causing the death of the child is against accused No.1. Under such circumstances, I am of the opinion that the petitioner may be enlarged on bail, subject to conditions, which will take care of the interest of the prosecution.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.49/2023 of Balur Police Station, Chikkamagaluru District, on obtaining the bond in a sum of Rs.2,00,000/(Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
NMS
2 issues framed by the court
Whether the petitioner accused No.2 is entitled to grant of regular bail under Section 439 of Cr.P.C. in an IPC 302 case?
Whether bail can be granted in a murder case where the accused is the mother of the deceased child but not the primary offender?
2 provisions across 2 enactments
Payal Kumari D/w Avad Bihari Baida
State of Karnataka
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
