The main legal point established is that the grant of bail is influenced by the presence of prima facie evidence and the gravity of the offenses, with the court imposing conditions to safeguard the interest of the prosecution.

JUDGMENT

H.P. Sandesh, J. - This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.10 in Crime No.67/2021 of Thyamagondlu Police Station, Bengaluru District, for the offences punishable under Sections 143, 147, 148, 307, 302, 120B read with Section 149 of IPC.

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

3. The factual matrix of the case of the prosecution against this petitioner is that this petitioner had communicated accused No.9 that the deceased troubling her and in turn accused No.9 conveyed the same to accused No.1 and murder was committed by accused Nos.1 to 5. The allegation against this petitioner is that she conspired with the main accused in eliminating the deceased.

4. The learned counsel appearing for the petitioner would submit that when the deceased, who is a womanizer troubling this petitioner; she had informed the troublesome of the deceased. Except that there is no allegation against this petitioner and no materials to show that she conspired with accused Nos.1 to 5. The learned counsel also would submit that when the police called she voluntarily went to the police station and informed about the conduct of the deceased. Hence, the police apprehended this petitioner on 11.10.2021 and she has been in custody. The investigation has already been completed and the charge sheet is placed for scrutiny.

5. Further, the learned counsel for the petitioner would submit that it is not the case of the prosecution that she was very much present at the time of committing the murder and only an allegation is that she has sent the message when she was subjected to trouble by the deceased. Hence, there is no any prima facie case against the petitioner.

6. Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that no dispute with regard to the fact that she was not present at the time of committing the murder, but only an allegation against this petitioner is that she has sent the message to other accused troubling her and the mobile of this petitioner and accused No.1 were also seized and the call details were also collected.

7. Having taken note of the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and only an allegation against this petitioner is that she has informed accused No.9, who is the brother-in-law of accused No.1 about troubling the petitioner by the deceased and in turn, the information was given to accused No.1 by accused No.9. Taking into note of when she was not present and only on her enquiry, she revealed the troublesome of the deceased and she gave the information to the accused regarding troubling her. Taking into note of the gravity of the offences and the material collected against this petitioner, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused No.10 shall be released on bail in Crime No.67/2021 of Thyamagondlu Police Station, Bengaluru District, for the offences punishable under Sections 143, 147, 148, 307, 302, 120B read with Section 149 of IPC, subject to the following conditions:

(i) The petitioner/accused No.10 shall execute personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner/accused No.10 shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner/accused No.10 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner/accused No.10 shall not leave the jurisdiction of the Trial Court without prio