- 1 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1738 OF 2024 (U/S 14(A) (2)) BETWEEN: SMT. SHOBHA W/O LATE MARIYAPPA.K.G, AGED ABOUT 40 YEARS, RESIDING AT KULINANJAIAHNAPALYA VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 130. …APPELLANT (BY SRI. RAJESH A., ADVOCATE) AND: 1. STATE BY KUNIGAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SRI. KUMARA S/O LATE GIRIYAPPA, AGED ABOUT 50 YEARS, RESIDING AT KULINANJAIAHNAPALYA VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 130. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; SRI. NAVEED AHMED, ADV. FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 23.07.2024 PASSED IN CRL.MISC.NO.1098/2024 PASSED BY LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, AT TUMAKURU AND TO GRANT REGULAR BAIL ENLARGING THE APPELLANT ON BAIL IN RESPECT OF CRIME NO.67/2024 (SPL.C.NO.271/2024) REGISTERED BY 1ST RESPONDENT POLICE I.E., KUNIGAL POLICE STATION FOR AN OFFENCE PUNISHABLE U/S 302, 120(B), 109, 114 R/W 149 OF THE INDIAN PENAL CODE AND U/S 3(2)(V) OF SC AND ST (POA) ACT ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU BY ALLOWING THE INSTANT CRIMINAL APPEAL IN FAVOUR OF THE APPELLANT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL JUDGMENT This appeal under Section 14(A)(2) of the SC & ST (POA) Act, 1989 is preferred by accused No.4 praying to set aside the order passed by the learned Sessions Judge rejecting her petition seeking bail and consequently to enlarge her on bail in Crime No.67/2024 registered at - 3 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 Kunigal Police Station, now pending on the file of the Court of III Additional District and Sessions Judge, Tumkur in Spl.C.No.271/2024. 2. Above noted crime was initially registered against unknown persons for an offence punishable under Section 302 IPC, on a complaint lodged by one Hemalatha, now arraigned as child in conflict with law No.4 (CCL-4). Charge sheet is filed against accused Nos.1 to 4 for offences punishable under Section 302, 120B, 109, 114 r/w 149 of IPC and Section 3(2)(v) of the SC/ST (POA) Amendment Act, 2015. 3. Brief facts:- Deceased Mariappa is the father of CCL-4 – Hemalatha. Petitioner/accused No.4 is the wife of the deceased. Accused No.3 is the brother of accused No.4. CCL-4 was in love with accused No.1. Deceased was objecting the same. He was also harassing his wife and daughter and demanding his wife to get the share in the property from her brother i.e., accused No.3. Hence, there was enmity. - 4 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 4. It is the case of prosecution that accused Nos.1, 3, 4 and CCL-4 conspired together to commit the murder of Mariappa by paying supari to accused No.2. He was assured a supari of Rs.6,00,000/-. Towards advance a sum of Rs.50,000/- was given to him. In furtherance of the conspiracy hatched, accused No.2 contacted CCL-1 to CCL-3 and handed over Rs.12,000/- to each of them. Accused Nos.1, 2, CCL-1 to 3 followed the deceased who was proceeding towards Kullinanjaiahna Palya in his motorcycle bearing Registration No.KA-52-E-4284. They sprinkled pepper spray on his face and assaulted him with chopper, long etc., and committed the murder. 5. Learned Sessions Judge while rejecting the bail petition of the appellant/accused No.4 has observed that the investigation is still in progress and the offences alleged are serious and heinous in nature. The Investigation Officer is yet to collect the material evidence and documents and if the accused is released, there is a - 5 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 chance of tampering and hampering the prosecution witnesses etc. 6. Firstly, the investigation was already completed and charge sheet was also filed at the time of consideration of the bail petition. Therefore, the learned Sessions Judge was not proper in observing that the investigation is in progress and the Investigation Officer is yet to collect the material evidence etc. Secondly, the allegations against accused No.4 is that she is one of the conspirators and she has paid a sum of Rs.20,000/- to accused No.3, who added another Rs.30,000/- and gave Rs.50,000/- to accused Nos.1 and 2 as advance towards supari to eliminate the deceased, for which there are no convincing material placed on record. 7. It is contended by the learned High Court Government Pleader and learned counsel appearing for respondent No.2 that the appellant is a key-conspirator who has involved her daughter, a minor in the conspiracy to eliminate her father. They contended that the appellant - 6 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 herein has paid supari to the accused to kill her husband. However, except the voluntary statement there are no material placed to show that the appellant/accused No.4 paid Rs.20,000/- supari towards advance to eliminate the deceased. The main allegations of assaulting the deceased with lethal weapons are against accused Nos.1, 2 and CCL-1 to 3. Appellant is a woman, she is in judicial custody since 14.02.2024. Charge sheet is already filed. Similarly placed accused No.3 has been enlarged on bail by this Court in Crl.A.No.1299/2024 dated 20.08.2024. For the foregoing reasons, the following: ORDER 1. The appeal is allowed. 2. The order dated 23.07.2024 passed by the Court of the III Additional District and Sessions Judge, Tumkur in Crl.Misc.Pet.No.1098/2024 is set aside. - 7 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 3. The appellant/accused No.4 in Spl.C.No.271/2024 on the file of the Court of III Additional District and Sessions Judge, Tumkuru (Crime No.67/2024 of Kunigal Police Station), is ordered to be released on bail, subject to following conditions: i. She shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the learned Sessions Judge. ii. She shall furnish proof of her residential address and shall inform the Court if there is any change in the address. iii. She shall not tamper with the prosecution witnesses either directly or indirectly. iv. She shall appear before the trial court on all dates of hearing without fail. v. She shall not indulge in criminal activities. - 8 - NC: 2025:KHC:2468 CRL.A No. 1738 of 2024 Violation of any of the above conditions shall result in cancellation of bail. The observations made in this order shall not influence the trial of the case, in any manner. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 55 Ct: ra