USHARANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is 1st accused in a criminal case in Crime No. 265/14 on the file of MICO Layout police station, Bengaluru City. After concluding investigation, police have filed charge sheet for the offences punishable under Sections 328, 210B, 302, 201 read with Section 34, I.P.C. She has been in judicial custody since 11 months. In the light of changed circumstances, she has filed one more application under Section 439, Cr.P.C.

(2.) LEARNED HCGP has opposed the bail application on the ground that no good grounds are made out to take a different view from that of the one taken by this court on 5.11.2014 in Crl.P.6126/14, or the view taken in an earlier petition in Crl.P.3449/14 dated 1.7.2014. He has argued that though the case is based on circumstantial evidence, the circumstances are strong enough to link this accused with the murder of her own husband.

(3.) AFTER completion of investigation and filing of charge sheet, one more application was filed before this court under Section 439, Cr.P.C. in Crl.P.6126/14, which after contest, came to be dismissed vide order dated 5.11.2014. While dismissing the said bail application, this court has taken the dismissal of WPHC.72/14 as one of the circumstances. What is held by this court is that though the case is based on circumstantial evidence, the circumstances are not so weak to be ignored at that stage. The relevant observation made by this court in Crl.P.6126/14 are found in paragraphs 5 and 6 of the order and it is reproduced below: