O R D E R

Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State and perused the material available on record.

2. Crime No.146/2022 is registered at Gandasi Police Station for the offence punishable under Sections 302, 201, 114 read with Section 34 of the Indian Penal Code, 1860 on a complaint lodged by one Mamatha against accused Nos.1 to 3. The petitioner is arraigned as accused No.1. This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail.

3. Brief facts of the prosecution case are that, the first informant is the second wife of deceased - Raveesh. Petitioner/accused No.1 is the first wife of the deceased. Since the relationship between the deceased and the petitioner was not cordial, she had left the company of her husband and children and residing separately. There used to be quarrel between the deceased and the petitioner in respect of a land measuring about 3 acres and 28 guntas situated in Survey No.1/33 of Yadavanahalli Village. In this background, on 29.11.2022 at about 11.00 a.m., when the deceased had taken his cattle to his land for grazing, both accused Nos.1 and 2 went to the said land on a motorcycle bearing registration No.KA-44-K-6248 and assaulted him with a wooden club and committed his murder. It is further alleged that after committing the murder, accused Nos.1 to 3 in order to conceal the offence and to cause disappearance of the evidence, took the deceased to the hospital and gave false information saying he was trampled to death by the cattle.

5. Charge sheet is filed against accused Nos.1 to 3 for offences punishable under Sections 302, 201, 114 read with Section 34 of IPC. There are no eye witnesses to the incident. The case is based on circumstantial evidence. The prosecution is relying on the motive and the earlier quarrel against the deceased and the petitioner namely, his first wife.

6. According to prosecution, accused Nos.1 and 2 have shifted the injured to Arasikere Government Hospital and concealed the offence committed by them. Petitioner came to be arrested on 30.11.2022 and her voluntary statement was recorded. At her instance, a wooden stick has been recovered. Accused No.2 was arrested on 06.12.2022 and a motor cycle has been seized. As per Post-Mortem report, the cause of death is due to neurogenic shock due to testicular injury and spinal-cord injury sustained.

7. Prosecution has to establish its case against the petitioner in a full fledged trial. The petitioner is a woman. She is in judicial custody from 30.11.2022. Accused No.2 has been enlarged on bail by this Court in Crl.P. No.3309/2023 vide order dated 24.05.2023. Petitioner has undertaken to furnish adequate surety to ensure her appearance before the trial Court. Hence, the following:

O R D E R

Petition is allowed.

The petitioner – Accused No.1 shall be enlarged on bail in Crime No.146/2022 of Gandasi Police Station, Hassan, pending in C.C.No.559/2023 on the file of Court of Civil Judge (Jr.Dn.) & JMFC, Arasikere, Hassan, subject to following conditions:

(i) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.

(ii) Petitioner shall furnish proof of her residential address and shall inform the Court if there is any change in the address.

(iii) Petitioner shall not tamper with the prosecution witnesses/evidence either directly or indirectly.

(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the jurisdictional Court.

(v) Petitioner shall regularly appear before the Trial Court on all dates of hearing.

(vi) Petitioner shall not involve in any criminal activities.