ORDER

This petition is filed under Section 439 of Cr.P.C. by the petitioner/accused No.2 in Cr.No.313/2023 of Mulbagal Rural Police Station, Kolar, registered for the offence punishable under Section 302 IPC.

2. Heard both the sides and perused the material on record.

3. Law was set into motion by one Muniraju S/o Batheppa alleging that accused No.1 by name Srinivasa has committed murder of his brother-in-law by name Manjunath S/o Muniyappa. In the course of investigation, the petitioner/accused No2-Smt.Netra was arrested on

28.112023 and remanded to judicial custody.

4. Prosecution is alleging that the petitioner/accused No.2, wife of deceased Manjunath had an illicit relationship with accused No.1. Deceased was picking up quarrel with her and therefore, both accused Nos.1 and 2 planned to eliminate Manjunath. On

25.11.2023, when he was proceeding towards Minajenahalli village on his two wheeler, accused No.1 assaulted on his head with an iron rod and committed his murder.

5. The learned High Court Government Pleader contends that the petitioner has played an important role in the murder as she has constantly updated accused No.1 the movements of her deceased husband.

6. Prosecution is alleging that the petitioner conspired with accused No.1 to do away with the life of her husband, in view of her illicit relationship with the said accused. According to prosecution, she was in constant touch with accused No.1 and updated him the movements of the deceased over phone. The specific allegation is against accused No.1 that he assaulted the deceased with an iron rod on his head. As per post mortem report, the cause of death is due to multiple injuries sustained over head and face. At the instance of accused No.1, blood stained clothes and an iron rod apart from a two wheeler and a mobile phone have been recovered. However, there are no incriminating materials recovered at the instance of the petitioner. Prosecution has to establish the role played by the petitioner in a full fledged trial.

7. Petitioner is a woman and it is stated that she is having two minor children. Investigation is completed and charge sheet is already filed. Hence, by imposing necessary conditions, the relief sought by the petitioner can be granted. Accordingly, the following:

ORDER i. Petition is allowed.

ii. Petitioner/accused No.2 in Cr.No.313/2023 of Mulbagal Rural Police Station, Kolar, is directed to be released, subject to following conditions:

1. She shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

2. She shall furnish proof of her residential address and shall inform the Investigating Officer/Court, if there is change in address.

3. She shall not directly or indirectly tamper with the prosecution witnesses.

4. She shall appear before the Trial Court regularly.