IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 191 DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN NO.lO490 2011 Between: Smt. Shantavva W/o.Virupaxavya Hiremath, Aged about 60 years, 0cc.: Household work, R/o.:Gadad Galli, Mahalingapur, Tq.: Mudhol, District Bagalkot. Petitioner (By Sri. Satish S. Raichur, Advocate) And: State of Karnataka, CR1., Mudhol P.S.. Respondent (By Sri.Vinavak Kulkarni. HCGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking to enlarge the petitioner on bail in S.C.No.01/201 1 pending before the Fast Track Court, Jamakhandi, for the offences p/u/s. 198, 302 r/w. 34 of IPC. This petition coming on for orders this clay, the Court made the following: I -2- ORDER Heard petitioner’s counsel Sri.Satish S.Raichur and also the learned High Court Government Pleader for the respondent-State in respect of the bail sought by the petitioner who along with accused No. I has been accused of having committed the offences punishable under Sections 498(A) and 302 read with Section 34 of the IPC. 2. The prosecution case in short is that, deceased Jayashree (i Laxmi, daughter of the complainant, was given in marriage to accused No.1 about six months prior to the complaint and the deceased was subjected to harassment by the petitioner, who is her mother-in-law and on 03.10.2010 her husband telephoned to the complainant saying that the deceased had fallen down in the house and on going to the house, the complainant questioned the accused and A- 1 confessed the crime by stating that he and this petitioner strangulated the neck of the deceased by pressing her neck. 3. The petitioner’s counsel submits that, whether confession made by accused No.1 can have any bearing on the present petitioner is a matter for examination and k -3- secondly, the petitioner is aged about 60 years, and therefore that also be considered in her favour. 4. The submission of the learned High Court Government Pleader for the respondent-State is that, the accused have committed the murder of the deceased and the confession made by A-i before the complainant goes to show that the deceased was strangulated by pressing her neck. 5. Having thus heard both sides, as far as the present petitioner, who is accused No.2, is concerned, as she happens to be a women and she is aged about 60 years, in my view, that is the only factor to be taken into account for grant of bail to this petitioner. Hence, following order is passed: i) The petitioner shall be released on bail on her executing a personal bond for Rs.50,000/- with two sureties for the like sum to the satisfaction of the trial court. ii) She shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. -4- iii) She shall mark his attendance before the jurisdictional police station on every Sunday between 10.00 a.m and 5.00 p.m. iv) She shall not involve herself in the like offences in future. Sri/a JUDGE I I