GAYATRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No. 4/petitioner under section 438 of Cr.P.C. praying to grant anticipatory bail.

(2.) The petitioner is accused No. 4 in Crime No. 107/2019 of University Police Station for the offences punishable under sections 302, 120B, 109 and 201 read with section 34 of IPC.

(3.) The case of the petitioner is that the complainant who is mother of the victim filed a complaint before the police alleging that this petitioner/accused No. 4 married the deceased Shrinivas and having three children. This petitioner said to be having illicit intimacy with accused No. 3 and the deceased warned this petitioner, in spite of it she has continued her love affair with accused No. 3. There was some quarrel between the deceased and this petitioner and this petitioner lodged a complaint against the deceased before the University police and a case was pending. In the meanwhile, on 08.06.2019, the complainant received a phone call from this petitioner and her son (grandson of complainant) that the deceased is quarrelling with his brother-in-law, i.e. brother of this petitioner. Therefore, the complainant along with this petitioner while going to her parents house on the way they met accused Nos. 1 to 3 at 9.00 p.m. Thereafter, they proceeded further at that time the accused No. 1 said to be informed this petitioner that her husband gone to their house therefore while returning back on their way, they found the husband of the petitioner was murdered and died due to fatal injuries. Thereafter, a complaint came to be lodged and police registered a case and while investigation arrested accused Nos. 1 to 3 and produced them before the Magistrate in turn remanded to judicial custody. The bail application of accused Nos. 1 to 3 has been allowed by this court in Criminal Petition No. 201472/2019 dated 19.12.2019, Criminal Petition No. 201342/2019 dated 07.11.2019 and Criminal Petition No. 200850/2019 dated 25.09.2019. This petitioner is accused No. 4 and apprehending her arrest in the hands of police. Her name is found in the FIR. Therefore, she has approached the Sessions Court for bail, which came to be rejected and hence she is before this Court.