MALLAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.137/2020 registered by the Anekal Police Station, for the offence punishable under Sec. 302 and 201 of the Indian Penal Code now pending on the file of the 3rd Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal in S.C. No.5022/2021.

(2.) Heard the arguments of learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint of one Ananth Ram, the police registered a case against unknown persons for the offence punishable under Ss. 302 and 201 of IPC on 26.09.2020. Subsequently, the police have arrested this petitioner on 05.10.2020 and since then, she is in judicial custody. It is the further case of the prosecution that the petitioner married the deceased and having three children. The deceased is said to be harassing the petitioner physically and mentally and assaulting her sexually in the presence of the children. Due to the cruel attitude of her husband, she decided to commit the murder of her husband. Accordingly, on 25.09.2020 she took him to the lonely place and after observing that some persons are grazing the cows, they returned to home. On the next day, on 26.09.2020 under the guise of going out, she prepared food and they left the home at 9.00 a.m., Thereafter, she took him to that place and made him to drink alcohol and committed the murder of the deceased. Thereafter, she went away. Subsequently, the police arrested this petitioner, who is the wife of the deceased and recovered the weapons. After investigation, charge sheet has been filed. The petitioner has moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner-accused is before this Court.