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Kum.Thara D/O Channabasavaiah Vs. State of KarnatakA. - Court Judgment

SooperKanoon Citation

Court

Karnataka High Court

Decided On

Case Number

CRIMINAL PETITION NO.5116/2010

Judge

Appellant

Kum.Thara D/O Channabasavaiah

Respondent

State of KarnatakA.

Appellant Advocate

Sri.I.Tharanatha Poojaiy, Adv

Respondent Advocate

Sri.Vijayakumar Majage, HCGP

Excerpt:


[n.ananda j.] this crl.p is filed under section 439 cr.p.c praying to enlarge the petitioner on bail in cr.no.400/2010 of peenya police station, bangalore city, registered for an offence punishable under section 302 ipc.order1. the petitioner and deceased were roommates and they were working as workers in a garment factory at peenya. it is alleged in the investigation records that on 12.6.2010 at 6.00 a.m., the petitioner spill kerosene in the room. when questioned by the deceased, the petitioner threw a lit 0f matchstick as a result of which the deceased suffered burn injuries. the petitioner ran away. the deceased was rescued by the neighbourers and she was shifted to victoria hospital.2. as per the statement of the neighbourers, the petitioner and the deceased were frequently quarrelling each other as the petitioner was using the cosmetics of the deceased.3. after going through the records, i find that there was no apparent motive for the accused to commit murder of the deceased. the attendant circumstances of the occurrence and the acts attributed do not suggest that petitioner had strong motive to cause death of the deceased. at this stage, there is no prima-facie case against petitioner for an offence punishable under section 302 ipc. the petitioner is a woman and she is also entitled to concession available under section 437 cr.p.c.4. in the result. i pass the following:orderpetition is.....

Judgment:


ORDER

1. The petitioner and deceased were roommates and they were working as workers in a Garment Factory at Peenya. It is alleged in the investigation records that on 12.6.2010 at 6.00 a.m., the petitioner spill kerosene in the room. When questioned by the deceased, the petitioner threw a lit 0f matchstick as a result of which the deceased suffered burn injuries. The petitioner ran away. The deceased was rescued by the neighbourers and she was shifted to Victoria Hospital.

2. As per the statement of the neighbourers, the petitioner and the deceased were frequently quarrelling each other as the petitioner was using the cosmetics of the deceased.

3. After going through the records, I find that there was no apparent motive for the accused to commit murder of the deceased. The attendant circumstances of the occurrence and the acts attributed do not suggest that petitioner had strong motive to cause death of the deceased. At this stage, there is no prima-facie case against petitioner for an offence punishable under section 302 IPC. The petitioner is a woman and she is also entitled to concession available under section 437 Cr.P.C.

4. In the result. I pass the following:

ORDER

Petition is accepted. Petitioner is released on bail, subject to following conditions:

1) Petitioner shall execute a bond for a sum of Rs.50,000/- and offer two sureties for the like sum to the satisfaction of jurisdictional Court.

2) Petitioner shall not intimidate or tamper with the prosecution witnesses.

3) Petitioner shall regularly attend the Court.


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