Judgment:
1. The petitioner has been arrayed as accused No.3 in Crime No.22/2012 of Thalakadu Police Station of T.Narasipura Taluk, Mysore District, She along with two other accused persons alleged to have committed the offence punishable under Section 392 of the Indian Penal Code.
2. According to the case of the prosecution, Smt. Shivaratnamma, wife of S. Veeranna, lodged a report at about 12:30 p.m. oh 04.02.2012, alleging that on 03.01.2012 at about 12:00 noon while she was in Mudukuthore jathra attending the car festival of Mallikarjunaswamy. Someone snatched away her gold mangalasutra chain weighing about 39 grams and when she looked back, she noticed three ladies moving very fast and she had seen their faces.
3. According to the case of the prosecution, on 04.02.2012 itself, this petitioner along with two other accused persons were apprehended on suspicion near Dandinamarammana temple of Byrapura and on interrogation they disclosed their names and identity and they said to have disclosed that accused No. 1 -Kanniga snatched the mangalasutra chain of the complainant and handed it over to accused No.2-Devi and this petitioner said to have accompanied accused Nos. 1 an 2 to Jathra for committing offence According to the prosecution Mangala sutra chain was produced by accused No.2 Devi and it was seized.
4. The petitioner was later remanded to judicial custody. Her application filed for bail before the learned Sessions Judge came to be rejected. Therefore, the petitioner is before this Court.
5. The petition is opposed by the respondent State.
6. I have heard both sides. Perused the records made available. Even according to the complaint allegations, the persons who said to have snatched the mangalasutra chain from the complainant were strangers and it was in a car festival in Mudukuthore jathra. Even according to the case of the prosecution, accused No.1 snatched the Mangalasutra and handed it over to accused No.2. The stolen mangalasutra was said to have been recovered from the, possession of accused No.2. The overt act attributed against this petitioner is that she had brought accused Nos.1 and 2 to Mudukuthore jathra with a view to commit offence.
7. Having regard to the facts and circumstances of the case and the materials available on record at this stage. there are no reasonable grounds to believe that the petitioner is guilty of the offence punishable under Section 392 of the Indian Penal Code.
8. Therefore, the petition is allowed. The petitioner is ordered to be enlarged on bail in connection with the case in Crime No.22/2012 of Thalakadu Police Station on her executing a personal bond for a sum of Rs. 50,000/- with two sureties for the like sum to the satisfaction of the Jurisdiction Magistrate and subject to further conditions that.
i) The petitioner shall not intimidate or tamper with the prosecution witnesses in any manner;
ii) The petitioner for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case;
iii) The petitioner shall not indulge in any acts similar to the one alleged in the case;
iv) The petitioner shall appear on all hearing dates before the Court without fall.