Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Pavithra And Ors v. State Of Karnataka

Pavithra And Ors v. State Of Karnataka

(High Court Of Karnataka)

CRIMINAL PETITION NO. 6854 OF 2023 | 28-08-2023

S. VISHWAJITH SHETTY, J.

1. Accused Nos.2 and 3 in Crime No.196/2023, registered by Srinivasapura Police Station, Kolar for the offences punishable under Sections 302, 504 read with Section 34 of Indian Penal Code (for short hereinafter referred to as 'IPC') are before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. The case of the prosecution is that on the basis of the complaint dated 24.06.2023 lodged by one Sriramareddy, Srinivasapura Police, Kolar registered FIR in Crime No.196/2023 for the aforesaid offence against one Kiran Kumar and the petitioners herein.

4. In the complaint it is alleged that on 24.06.2023, at about 08:00 a.m. complainant and his son Prasad Reddy were on their way to their farm for the purpose of plucking mangoes. The accused persons intercepted them and started abusing them. Accused No.2 allegedly threw chilly powder on Prasad Reddy and accused No.3 tried to catch hold of Prasad Reddy and at that time Prasad Reddy fell into a channel and accused No.1 allegedly stabbed Prasad Reddy on his stomach with a knife. At that time, certain persons came to the spot and saved the complainant. Complainant's son Prasad Reddy was immediately taken to the hospital but he was declared brought dead. It is in this background, complainant had approached the Police and lodged a complaint.

5. Apprehending arrest in the said case, the petitioners had filed Criminal Miscellaneous No.564/2023 which was dismissed by Principal District and Sessions Judge at Kolar, vide order dated 24.07.2023. It is under these circumstances, the petitioners are before this Court.

6. The learned counsel for the petitioners reiterated the grounds urged in the petition and submits that the petitioners are ladies and they are THE wife and mother of accused No.1. They have been falsely implicated in the case. Accused No.1 is in custody since 25.06.2023. The weapon used to commit the murder has been seized and therefore prays to grant anticipatory bail.

7. Per contra, learned High Court Government Pleader has seriously opposed the petition and submitted that there are allegations even against the petitioners and accordingly, prays for dismissal of the petition.

8. On reading of the complaint averments, it is seen that the only allegation against the petitioners who are ladies is that accused No.2 allegedly threw chilly powder on the deceased Prasad Reddy and accused No.3 allegedly tried to catch hold of him. The allegation of stabbing the deceased is only against accused No.1 Kiran Kumar. Post mortem report goes to show that the death was caused due to hemorrhage and shock as a result of stab injuries sustained by the deceased. There is no allegation of assault on the deceased by the petitioners herein. Spot panchanama which is available on the record also does not show the signs of chilly powder found on the spot. Accused No.1 was arrested on 25.06.2023 and the remand application filed before the Trial Court would go to show that weapon used for committing the crime has already been seized. Major portion of the investigation is completed.

9. Under these circumstances, I am of the considered view that the petitioners have made out a prima facie case for grant of anticipatory bail. Hence, the following:

ORDER.

10. Criminal petition is allowed.

11. The respondent - police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.196/2023, by Srinivasapura Police Station, Kolar, for the offences punishable under Section 302, 504 read with Section 34 of IPC, subject to the following conditions:

a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each with two sureties for the likesum, to the satisfaction of the Investigation Officer;

b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons;

c) Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the Police for investigation and appear before them whenever called upon, till filing of final report.

d) Petitioners shall not involve in similar cases in future.

Advocate List

  • SRI PRABHAKARA T. C.

  • SMT N. ANITHA GIRISH

Bench
  • HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
Eq Citations
  • 2023/KHC/30506
  • LQ/KarHC/2023/2324
Head Note

A. Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Murder — Allegation of throwing chilly powder on deceased and trying to catch hold of him — No allegation of assault on deceased by petitioners — Major portion of investigation completed — Weapon used for committing crime already seized — Held, petitioners made out a prima facie case for grant of anticipatory bail — Hence, respondent-police directed to release petitioners in event of their arrest — Anticipatory bail granted (Paras 8 to 11)