Akthari vs State of Karnataka

Budihal. R.B., J.—This petition is filed by petitioner-accused No. 2 u/s 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of her arrest for the alleged offences punishable under Sections 498(A), 302 and 201 r/w Section 34 of IPC registered in respondent-police station Crime No. 204/2013.

The brief facts of the prosecution case as per the averments in the complaint are that the complainant lodged the complaint on 26.5.2013 alleging that deceased and the first accused marriage was performed about 8 years prior to the incident. After the marriage, petitioner and first accused were not taking care of the deceased and deceased was staying with her mother in Bombay. About four years back, petitioner and the first accused approached the mother of the deceased and assured that they would take care of the deceased and took her back to Channapatna. At that point of time, petitioner and first accused received a sum of Rs. 1,00,000/- from the mother of the deceased for the purpose of business. When the deceased stayed with the petitioner and the first accused at Channapatna, they started ill-treating her physically and mentally pressurizing her to bring additional dowry of a sum of Rs. 1,00,000/-. Complainant advised the petitioner and the first accused in this regard. About 15 days prior to the incident, petitioner and the first accused shifted their family to Kenchapura Doddi farm house. On the date of incident at about 3.00 p.m. the complainant had visited the farm house and talked to her and on the same day at about 12.00 a.m. first accused informed the complainant that deceased caught with fire. On the basis of the said complaint, a case has been registered for the above said offences.

Heard the arguments of the learned counsel appearing for the petitioner-accused No. 2 and also the learned Government Pleader for the respondent-State.

I have perused the averments made in the petition, FIR, complaint, order of the lower Court and other materials placed on record.

After considering the merits of the case, the trial Court has granted bail to accused No. 1. Perusing the averments in the complaint it is seen that same set of allegations are made against accused Nos. 1 and 2 that both were demanding further dowry amount of Rs. 1,00,000/- from the parents of the deceased. It is also alleged that both poured kerosene on the deceased and set fire to her. Learned counsel for the petitioner has produced the discharge summary issued by the Victoria hospital, wherein in the second column regarding the history, the victim herself has mentioned that accidental thermal burns. The investigation of the case is already completed and the police have filed charge sheet against both the accused persons. The petitioner has arrayed as accused No. 2. She is a women, aged 67 years, which fact is not disputed by the other side. The apprehension of the prosecution is that if granted with anticipatory bail she may tamper with the prosecution witnesses and she may abscond. For this, reasonable conditions can be imposed which will safeguard the interest of the prosecution.

Accordingly, petition is allowed. Respondent-police are directed to release the petitioner-accused No. 2 in the event of her arrest for the alleged offences punishable under Sections 498(A), 302 and 201 r/w Section 34 of IPC registered in respondent-police station Crime No. 204/2013, subject to the following conditions:

(i) Petitioner-accused No. 2 shall execute a personal bond for Rs. 1,00,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.

(ii) She shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) She shall make herself available before the Investigating Officer for interrogation whenever called for.

(iv) She shall appear before the concerned Court within 30 days from the date of receipt of this order and execute personal bond and surety bond.