A Bengaluru City Civil and Sessions Court has granted a significant legal reprieve to 69-year-old Susheela Murthy, an accused in a criminal case, by modifying her bail conditions to allow her to travel abroad. The court, presided over by Sri Rajesh Karnam K., noted the compassionate grounds raised by the petitioner, including her status as a senior citizen, the recent demise of her husband, and her need for family support.
The petitioner, Susheela Murthy, had approached the LXIX Additional City Civil and Sessions Judge seeking the modification of specific restrictions imposed during the grant of her anticipatory bail in 2021. The case against her, registered under Crime Number 262/2021 by the Jnanabharathi Police Station, involves allegations under the Indian Penal Code, 1860, specifically sections related to criminal breach of trust and forgery.
The Legal Background and Criminal Charges
The original criminal proceedings were initiated following a property dispute. Susheela Murthy was arraigned as Accused Number 2. The charges leveled against her include Section 405 for Criminal Breach of Trust, Section 406 for Punishment for Criminal Breach of Trust, Section 415 for Cheating, Section 416 for Cheating by Personation, Section 420 for Cheating and Dishonestly Inducing Delivery of Property, and Section 468 for Forgery for the Purpose of Cheating, all read with Section 34 of the Indian Penal Code, 1860, which pertains to acts done by several persons in furtherance of common intention.
In December 2021, the court had granted her anticipatory bail but imposed several standard conditions to ensure her cooperation with the investigation. Among these were Condition Number 5, which restricted her from leaving the jurisdiction of the court without prior permission, and Condition Number 7, which mandated regular attendance at the police station to mark her presence.
Grounds for Relaxation of Bail Conditions
Represented by her advocate, Sri Pramod K.B., Susheela Murthy submitted that her personal circumstances had changed drastically since the bail was first granted. She informed the court that her husband, Sri Krishnamurthy, had recently passed away due to cancer. At 69 years of age, she described herself as “crippled” and unable to live alone in Bengaluru.
The defense highlighted that her two children are settled abroad. Her daughter Neethu Murthy is a British citizen residing in Windsor, Berkshire, United Kingdom, and her other daughter, Nishu Murthy, resides in Blacktown, New South Wales, Australia. The petitioner argued that she needed to reside with her daughters for physical and emotional care.
Furthermore, the petitioner maintained that she had no direct involvement in the alleged property dispute, which primarily concerned her father’s transactions. She argued that she had nothing left to disclose to the Investigating Officer and had complied with all summons and conditions up to that point. She provided her international contact details and undertook to return to Bengaluru within nine months to face further legal proceedings.
The Prosecution’s Stance
The Public Prosecutor opposed the application, contending that the accused had not fully complied with the original bail conditions and that relaxing international travel restrictions might hinder the progress of the investigation or trial. However, the court found that the humanitarian aspects of the case outweighed the prosecution’s objections.
The Court’s Ruling and Modified Conditions
After hearing both sides, Judge Rajesh Karnam K. ruled in favor of the petitioner, acknowledging that sufficient grounds existed to relax the conditions. The court observed that the petitioner’s age and family situation warranted a modification of the travel restrictions.
In its order dated January 24, 2023, the court modified the conditions as follows:
Modification of Attendance: The petitioner is now exempted from the requirement of marking her attendance at the Jnanabharathi Police Station (Condition Number 7).
Permission to Travel: The petitioner is permitted to leave the jurisdiction of the court to visit the United Kingdom and Australia (Condition Number 5), subject to several new safeguards.
Mandatory Disclosures: Before leaving, Murthy must furnish address proof of her residences in the UK and Australia to the Investigating Officer.
Conclusion of Investigation: The court directed that before she departs, she must appear before the Investigating Officer, who is tasked with concluding the investigation specifically regarding her role in the case.
Timeline for Return: The petitioner is mandated to return to the jurisdiction of Bengaluru and appear before the concerned court within nine months from the date of the order.
Trial Participation: During her absence, she must file a proper application before the trial court seeking exemption from physical appearance during the trial proceedings, which the trial court will consider according to law.
This order balances the necessity of the legal process with the fundamental right to family life for senior citizens. By allowing the petitioner to join her children abroad under strict supervision, the court has emphasized a compassionate approach to criminal procedure while maintaining the integrity of the ongoing investigation.