1

IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE

AT BANGALORE

Cr. Misc. No. _______2016

Between:

Smt. Rekha Mandal,

Wife of Bidyuth Mandal,
Aged about 27 years,
Resident of No. 576,
4th Cross, Shivapura Peenya,
Bangalore City. PETITIONERS

And:

State of Karnataka by
Peenya Police Station
Bangalore.

Represented by Public Prosecutor

City Civil Court Complex,
BANGALORE. RESPONDENT

PETITION UNDER SECTION 439 OF THE CODE OF CRIMINAL

PROCEDURE.

The Petitioner above named begs to submit as

follows:

1. The address of the petitioner for the purpose

of issue of summons, notices, etc., from this

Honourable Court is as furnished above in the

Cause title. The Petitioner may also be served

through their Counsel N. Yashwavini, Advocate, 9th

Cross, 1st Floor, Cubbonpet, Bangalore.

2. The address of the respondent for the similar

purpose is as furnished above in the Cause title.

 2

The respondent may also be served through Public

Prosecutor, City Civil Court Complex, Bangalore.

3. The Petitioner herein beg to submit that the

Respondent police have registered a Case in Crime

596/2016 at the first instance under Section 304

of Indian Penal Code and later on after

investigation registered the case under Section

302 of Indian Penal Code against the petitioner.

The brief facts leading to the above complaint is

that the Complainant namely Sri Prakash son of

Vishweswaraiah, a resident of No. 307/A, 8th A

Cross, Subramanyanagara, Bangalore – 560 021, is

residing along with his family members and he is

doing Marketing Research job. He stated that in

property No. 576, 4th Cross, Shivapura, Bangalore –

560 058 they own a house in the name of his father

wherein 2 cement sheet houses are in existence,

first house is vacant and in the second house for

the last over 7 months one Bidyuth Mandal and this

petitioner Rekha Mandal along with their daughter

Babli Mandal, 8 years were residing in the house

on a monthly rent of Rs.2000/- and they have paid

an advance of Rs.10,000/- and after entering into

the agreement, complainant had handed over the

possession of the house.

 3

4. It is further alleged in the complaint that

on 27.6.2016 at about 8 AM in the morning the

complainant police called him over the phone and

informed to come near the house. Accordingly, he

went to the house where he had given it for rent

and on enquiring Rekha Mandal, the petitioner, she

stated that on 26.6.2016 at about 12.00 Mid night

she went out of the house for attending nature

call, at that juncture her daughter Babli Mandal

also came out of the house saying that she had to

attend the nature call. After she came inside the

house after attending the nature call, Babli

Mandal did not come back and she went somewhere.

At that juncture petitioner herein had searched

for her daughter and she found that her daughter

was walking. Even in the past also she was going

out of the house in the mid night. Immediately she

brought her daughter to the house and out of

anger, she took a wood repiece in the house and

she bet Babli Mandal on her waste, hips and on the

legs and she just pushed her daughter Babli Mandal

she contacted with the wall and she fell down and

she had a bleeding from her nose and immediately

when she touched her daughter it was cold and she

last her breath. She did not even inform to the

 4

neighbours. Further when questioned her husband

Bidyuth Mandal, he informed that his daughter used

to go out of the house on many occasion and as

Babli Mandal was doing this always, his wife the

petitioner had assaulted with a repiece wood and

on account of pushed her she got in contact with

the wall and she might have collapsed. It is

further alleged that his wife, petitioner herein

had no intention/motive to kill her daughter – the

deceased. The complainant requested to initiate

action against the first petitioner.

Subsequently after the investigation the said

Rekha Mandal, petitioner stated that she earlier

married one Dinesh Mandal and she had two

daughters from the marriage and as she was

talking to the Bidyuth Mandal as her first husband

got suspicion and he tortured her and as a result

of which, she brought the deceased with her and

petitioner and the said Bidyuth Mandal started

living with each other. It is further alleged that

the deceased Babli Mandal during nights she used

to weep and she was troubling them during night

times. She was in the habit of going out of the

house while sleeping at that juncture, she used to

bring her to the house, in this regard, the her

 5

husband scold the Petitioner. The respondent

police registered earlier under Section 304 and

later on they have altered the Section as 302 of

IPC read with Section 34 of IPC and have arrested

the petitioner on 28.6.2015 and both the

petitioner now in the Judicial custody.

5. The petitioner preferred the above petition for

his release on bail on the following grounds.

GROUNDS

6. The petitioner who arrayed as Accused No. 1

in the above crime No. 596/2016 on the files of

45th ACMM, Bangalore, for the alleged offence under

Section 302 of Indian Penal Code is totally

innocent of the alleged offence.

7. The petitioner has valid defence to prove

their innocence in the above case.

8. Admittedly, the petitioner was apprehended

only on the voluntary statements of the petitioner

before the respondent police and she has been

falsely implicated in the above crime by the

 6

respondent police though the petitioner is

innocent of the alleged offence.

9. The respondent police implicated the

petitioner in the above case on the persons who

are inimically disposed towards the petitioner

just to tarnish the image of the petitioner in the

society.

10. The petitioner is hailing from the very

respectable family and he has developed deep roots

in the society.

11. The respondent police on the persons

inimically disposed towards the petitioner have

implicated the petitioner who is totally innocent

of the alleged offence.

12. The petitioner is young person who is the

only person to look after the entire affairs of

her family and she is the only earning member in

the family, because of the detention, the

petitioner and her family members are put into lot

of hardship, inconvenience.
 7

13. The petitioner has her aged parents who are

totally depending upon the income of the

petitioner, on account of his detention in the

prison, the petitioner and his family members are

prone to lot of hardship.

14. The continuous detention of the petitioner in

the prison in the above case would definitely have

an impact on the mental status and her reformation

would become very remote, as her continuous

detention in the prison with the hardcore

criminals will affect on the petitioner.

15. On the plain reading of the complaint alleged

to have been lodged by the complainant it reveals

that there is no any overt act attributed against

the petitioner herein, and admittedly there is no

any motive for the alleged offence alleged to have

been committed by the petitioner. The petitioner

herein is totally innocent of the offence,

admittedly there is no any overt act attributed

against her in the whole episode, but, the police

with ulterior motive have implicated the

 8

petitioner in the case, who of course has lost her

loveable daughter, the deceased.

15. The petitioner is ready and willing to offer

surety to the satisfaction of this Honourable

Court for grant of Bail to the petitioner.

16. The petitioner is ready and willing to abide

by all the terms and conditions that this

Honourable Court may impose on him while granting

bail to the petitioner.

17. The petitioner craves leave of this

Honourable Court to urge any other substantial

grounds at the time of hearing of the above

petition.

18. Petitioner produced herewith the copy of the

complaint, F.I.R., Remand application, Statements

before this Honourable Court for the kind perusal

of this Honourable Court.

Wherefore, the petitioner most humbly and

respectfully prays that this Honourable Court be

 9

pleased to grant bail to the petitioner in Cr. No.

596/2016 for the alleged offence under Section 302

read with Section 34 of Indian Penal Code, on the

files of the 45th ACMM, Bangalore, on such terms

and conditions that this Honourable Court deems

fit to impose on the petitioner while granting

bail and to pass such other relief/s as this

Honourable Court deems fit to pass in the

circumstances of the case, in the interests of

Justice and Equity.

Bangalore,

Dated: ADVOCATE FOR PETITIONER

 10

IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE

AT BANGALORE

Cr. Misc. No. _______2016

Between:

Bidyuth Mandal Petitioners

And:

State by Peenya Police Station Respondent

MEMO OF APPEARANCE

The undersigned counsel has been duly

authorised by the Petitioners to act plead and

prosecute the above case on their behalf and hence

the Petitioners have filed the Memo of Appearance.

Bangalore,

Dated: Advocate for Petitioner

N. Yashaswini,
Advocate,
9th Cross, 1st Floor,
Cubbonpet,
BANGALORE.
 11

IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE

AT BANGALORE

Cr. Misc. No. _______2016

Between:

Bidyuth Mandal,
Son of Biddan Mandal,
Aged about 27 years,
Resident of No. 576,
4th Cross, Shivapura Peenya,
Bangalore City. PETITIONERS

And:

State of Karnataka by
Peenya Police Station
Bangalore.

Represented by Public Prosecutor

City Civil Court Complex,
BANGALORE. RESPONDENT

PETITION UNDER SECTION 439 OF THE CODE OF CRIMINAL

PROCEDURE.

The Petitioner above named begs to submit as

follows:

1. The address of the petitioner for the purpose

of issue of summons, notices, etc., from this

Honourable Court is as furnished above in the

Cause title. The Petitioner may also be served

through their Counsel N. Yashwavini, Advocate, 9th

Cross, 1st Floor, Cubbonpet, Bangalore.

2. The address of the respondent for the similar

purpose is as furnished above in the Cause title.

 12

The respondent may also be served through Public

Prosecutor, City Civil Court Complex, Bangalore.

3. The Petitioner herein beg to submit that the

Respondent police have registered a Case in Crime

596/2016 at the first instance under Section 304

of Indian Penal Code and later on after

investigation registered the case under Section

302 of Indian Penal Code against the petitioner.

The brief facts leading to the above complaint is

that the Complainant namely Sri Prakash son of

Vishweswaraiah, a resident of No. 307/A, 8th A

Cross, Subramanyanagara, Bangalore – 560 021, is

residing along with his family members and he is

doing Marketing Research job. He stated that in

property No. 576, 4th Cross, Shivapura, Bangalore –

560 058 they own a house in the name of his father

wherein 2 cement sheet houses are in existence,

firth use is vacant and in the second house for

the last over 7 months one Bidyuth

Mandal(petitioner erein) and his wife Rekha Mandal

along with their daughter Babli Mandal, 8 years

were residing in the house on a monthly rent of

Rs.2000/- and they have paid an advance of

Rs.10,000/- and after entering into the agreement,

 13

complainant had handed over the possession of the

house.

4. It is further alleged in the complaint that

on 27.6.2016 at about 8 AM in the morning the

complainant police called him over the phone and

informed to come near the house. Accordingly, he

went to the house where he had given it for rent

and on enquiring Rekha Manal, the petitioner and

his wife Rekha Mandal, she stated that on

26.6.2016 at about 12.00 Mid night she went out of

the house for attending nature call, at that

juncture her daughter Babli Mandal also came out

of the house saying that she had to attend the

nature call. After she came inside the house after

attending the nature call, Babli Mandal did not

come back and she went somewhere. At that juncture

she had searched for her daughter and she found

that her daughter was walking. Even in the past

also she was going out of the house in the mid

night. Immediately she brought her daughter to the

house and out of anger, she took a wood repiece in

the house and she bet Babli Mandal on her waste,

hips and on the legs and she thrown her. Babli

Mandal is contacted with the wall and she fell

down and she had a bleeding from her nose and

 14

immediately when she touched her daughter it was

cold and she last her breath. She did not even

inform to the neighbours. Further when questioned

her husband the petitioner herein, he informed

that his daughter used to go out of the house on

many occasion and as Babli Mandal was doing this

always, his wife had assaulted with a repiece

wood and on account of pushed her she got in

contact with the wall and she might have

collapsed. It is further alleged that his wife had

no intention/motive to kill her daughter – the

deceased. The complainant requested to initiate

action against the first petitioner.

Subsequently after the investigation the said

Rekha Mandal stated that she earlier married one

Dinesh Mandal and she had two daughters from the

marriage and as she was talking to the petitioner,

as her first husband got suspicion and he tortured

her and as a result of which, she brought the

deceased with her and petitioner and the said

Rekha Mandal started living with him. It is

further alleged that the deceased Babli Mandal

during nights she used to weep and she was

troubling them during night times. She was in the

habit of going out of the house while sleeping at

 15

that juncture, she used to bring her to the house,

in this regard, and the petitioner scolds his wife

Rekha Mandal. The respondent police registered

earlier under Section 304 and later on they have

altered the Section as 302 of IPC read with

Section 34 of IPC and have arrested the petitioner

on 28.6.2015 and both the petitioner now in the

Judicial custody.

5. The petitioner preferred the above petition for

his release on bail on the following grounds.

GROUNDS

6. The petitioner who arrayed as Accused No. 2

in the above crime No. 596/2016 on the files of

45th ACMM, Bangalore, for the alleged offence under

Section 302 of Indian Penal Code is totally

innocent of the alleged offence.

7. The petitioner has valid defence to prove

their innocence in the above case.

8. Admittedly, the petitioner was apprehended

only on the voluntary statements of the petitioner

before the respondent police and he has been

 16

falsely implicated in the above crime by the

respondent police though the petitioner is

innocent of the alleged offence.

9. The respondent police implicated the

petitioner in the above case on the persons who

are inimically disposed towards the petitioner

just to tarnish the image of the petitioner in the

society.

10. The petitioner is hailing from the very

respectable family and he has developed deep roots

in the society.

11. The respondent police on the persons

inimically disposed towards the petitioner have

implicated the petitioner who is totally innocent

of the alleged offence.

12. The petitioner is young person who is the

only person to look after the entire affairs of

his family and he isthe only earning member in the

family, because of the detention, the petitioner

and his family members are put into lot of

hardship, inconvenience.
 17

13. The petitioner has his aged parents who are

totally depending upon the income of the

petitioner, on account of his detention in the

prison, the petitioner and his family members are

prone to lot of hardship.

14. The continuous detention of the petitioner in

the prison in the above case would definitely have

an impact on the mental status and his reformation

would become very remote, as his continuous

detention in the prison with the hardcore

criminals will affect on the petitioner.

15. On the plain reading of the complaint alleged

to have been lodged by the complainant it reveals

that there is no any overt act attributed against

the petitioner herein, and admittedly there is no

any motive for the alleged offence alleged to have

been committed by his wife Smt. Rekha Mandal. The

petitioner herein is totally innocent of the

offence, admittedly there is no any overt act

attributed against him in the whole episode, but,

the police with ulterior motive have implicated

the petitioner in the case, who of course has lost

 18

his loveable daughter, the deceased. Further it is

stated that as against this petitioner there is no

any alleged overt act, as he was totally unaware

of the incident. Yet the petitioner herein has

been made as Accused No.2 in the above case by the

police with ulterior motive.

15. The petitioner is ready and willing to offer

surety to the satisfaction of this Honourable

Court for grant of Bail to the petitioner.

16. The petitioner is ready and willing to abide

by all the terms and conditions that this

Honourable Court may impose on him while granting

bail to the petitioner.

17. The petitioner crave leave of this Honourable

Court to urge any other substantial grounds at the

time of hearing of the above petition.

18. Petitioner produced herewith the copy of the

complaint, F.I.R., Remand application, Statements

before this Honourable Court for the kind perusal

of this Honourable Court.

 19

Wherefore, the petitioner most humbly and

respectfully prays that this Honourable Court be

pleased to grant bail to the petitioner in Cr. No.

596/2016 for the alleged offence under Section 302

read with Section 34 of Indian Penal Code, on the

files of the 45th ACMM, Bangalore, on such terms

and conditions that this Honourable Court deems

fit to impose on the petitioner while granting

bail and to pass such other relief/s as this

Honourable Court deems fit to pass in the

circumstances of the case, in the interests of

Justice and Equity.

Bangalore,

Dated: ADVOCATE FOR PETITIONER

 20

IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE

AT BANGALORE

Cr. Misc. No. _______2016

Between:

Smt. Rekha Mandal Petitioners

And:

State by Peenya Police Station Respondent

MEMO OF APPEARANCE

The undersigned counsel has been duly

authorised by the Petitioners to act plead and

prosecute the above case on their behalf and hence

the Petitioners have filed the Memo of Appearance.

Bangalore,

Dated: Advocate for Petitioner

N. Yashaswini,
Advocate,
9th Cross, 1st Floor,
Cubbonpet,
BANGALORE.
21