The main legal point established in the judgment is the consideration of the petitioner's custody, lack of specific overt act, completion of investigation, and pending trial in granting bail for the offences under the Indian Penal Code.

JUDGMENT

1. This Criminal petition is filed by the petitioner/accused No.1 under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.271/2021 of Nanjanagudu rural Police Station, Mysuru district for the offence punishable under Ss. 143, 147, 323, 342, 304, 182, 504, 114 read with 149 of IPC, pending on the file of the VI Additional District and Sessions Judge, Mysuru district in S.C.No.218/2022.

2. Heard the arguments of learned counsel for petitioner and learned HCGP for respondent-State.

3. The case of the prosecution is that on complaint of mother of deceased Smt.Mahadevamma case came to be registered by the police on 28/11/2021 alleging that her son deceased was having illicit intimation with petitioner and after some time she left his company. However, the deceased used to come and disrupt this petitioner. Therefore, the present petitioner complained to her father and other relatives and all of them assembled on 27/11/2021 they all assaulted deceased with hands and legs. He was brought to the house of this petitioner and after tying him they called police and handed over to the police. When he was taken to hospital he succumbed to the injuries on 28/11/2021. The police arrested this petitioner on 30/11/2021, she was remanded to judicial custody. Her bail petition came to be rejected hence she is before this Court.

4. Upon hearing the arguments and perusal of the records, which reveals of course quarrel took place between this petitioner and the deceased they were having illicit intimation between them, later when she left the company of the deceased, the deceased used to again and again disturb her. Therefore, she complained to her father/accused No.2, in turn they all together along with relatives said to have assaulted with the hands and kicked him on legs due to which he succumbed to injuries. One of the accused has been already been granted bail by the co-ordinate bench of this Court. There is no specific overt act against this petitioner as the other accused persons used to assault and kicked. However, the incident took place in the house of this petitioner. The postmortem report reveals the incriminating injuries found on the dead body of the deceased. However in the post mortem report the doctor also not opined properly about cause of death. Therefore, considering the facts and circumstances of the case the petitioner is in custody for almost 10 months and she is a woman, the co-accused is already granted bail. Investigation completed charge sheet has been filed, now the case is pending before the Sessions Court for trial. Therefore, I am of the view by imposing certain conditions, if bail is granted no no prejudice would cause to the prosecution case. Hence the following order;

ORDER Accordingly, this petition is allowed. The petitioner is ordered to be released on bail, in Crime No.271/2021 of Nanjanagudu rural Police Station, Mysuru district for the offence punishable under Ss. 143, 147, 323, 342, 304, 182, 504, 114 read with 149 of IPC, pending on the file of the VI Additional District and Sessions Judge, Mysuru district in S.C.No.218/2022, subject to the following conditions:-

(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000.00 (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial court;

(ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court; and (v) Petitioner shall take up the trial without causing any further delay.