BHAVANI GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of her arrest in C.C. No.54/2011 pending on the file of Civil Judge (Jr.Dn.) & JMFC, Kanakapura (Crime No. 136/2010 of Kodihalli Police Station) which is registered for the offences punishable under Sections 143, 147, 148, 302, 201 read with Section 149 of Indian Penal Code.

(2.) I have heard the learned counsel for the petitioner as well as the learned High Court Government Pleader.

(3.) THE petitioner is suffering from diabetes and high blood pressure and heart disease for the past three years. In this regard, a Medical Certificate is produced by the learned counsel for the petitioner. THEre is also inaction on the part of the Police in apprehending the petitioner. Taking into consideration of the health condition of the petitioner and also as the petitioner is aged about 55 years and also exercising power under Section 437 of Code of Criminal Procedure wherein sick, infirm or old aged persons are entitled for bail, as this petitioner is aged about 55 years and also as she is suffering from illness, she is entitled for anticipatory bail. THErefore, considering the facts and circumstances of the case, in my view, this is a fit case to grant anticipatory bail at this stage.