Accused No.10 in a murder case sought anticipatory bail. The court noted she faced allegations only of simple injuries with a wooden log, the charge sheet was filed without invoking Section 302 against her, and similarly placed co-accused were already released on bail, and granted bail subject to conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 8015 OF 2024
BETWEEN:
...PETITIONER
(BY SRI. PRASANNA KUMAR P., ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
STATE OF KARNATAKA BY BANNUR POLICE STATIN T NARASIPURA TALUK REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILIDING BENGALURU - 560 001
...RESPONDENT
(BY SRI. N. ANTIHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.10 ON ANTICIPATORY BAIL AND DIRECT THE RESPONDENT/BANNUR POLICE STATION, NANJANGUDU SUB DIVISION MYSURU TO ENLARGE THE PETITIONER/ ACCUSED NO.10 ON BAIL IN THE EVENT OF ARREST IN RESPECT OF CR.NO.106/2024 ALLEGING COMMISSION OF OFFENCE PUNISHABLE3 UNDER SECTIONS 143, 144, 147, 148, 324, 504, 149 OF IPC.
NC: 2024:KHC:36360 CRL.P No. 8015 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.10 is before this Court
seeking grant of anticipatory bail in Crime No.106/2024 of
Bannur Police Station. Initially, FIR was registered against Accused Nos.1 to 12 for the offences punishable under Sections 143, 147, 148, 323, 324, 327, 504 and 307 r/w Section 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri.H.M.Mahadeva. After filing of charge sheet, Section 302 of I.P.C was added.
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 438 of Cr.P.C.?”
My answer to the above point is in the ‘Affirmative’ for the following:
R E A S O N S
apprehension of being arrested. Initially, the FIR was registered against accused Nos.1 to 12 for the offences punishable under Sections 143, 147, 148, 323, 324, 327, 504 and 307 r/w Section 149 of I.P.C. As per the charge sheet, it was accused Nos.1 to 3 who were charge sheeted for the offences punishable under Section 302 of I.P.C. It is alleged that this petitioner had assaulted the injured with a wooden log. The wound certificates pertaining to
the injured CWs-3, 4 and 5 disclose that they have sustained simple injuries. It is pertinent to note that the prosecution is not alleging that the petitioner has
committed offence punishable under Section 302 of I.P.C. Admittedly, the investigation is completed and the charge sheet is also filed. Accused Nos.9, 11 and 12 against whom similar allegations are made are already enlarged on bail by this Court. Hence, I am of the opinion that the petitioner may be granted anticipatory 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 the event of her arrest in Crime No 106/2024 of Bannur Police Station.
The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on her appearance, the
NC: 2024:KHC:36360 CRL.P No. 8015 of 2024
Investigating Officer shall enlarge her on bail subject to the following conditions:-
On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.
Sd/(M G UMA) JUDGE
RR List No.: 3 Sl No.: 0
1 issue framed by the court
Whether the petitioner, accused No.10, was entitled to anticipatory bail under Section 438 Cr.P.C. in Crime No.106/2024.
3 provisions across 2 enactments
Smt Shilpa W/o Suresh
State of Karnataka by Bannur Police Station
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
