Kavitha vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 19.03.2026 for the alleged offences under Sections 194 of BNSS later altered into Sections 194 of BNSS @ 108 of BNS, in Crime No.172 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner and defacto complainant were in furtive relationship and in this connection, there was a money transaction between them and due to which, petitioner has tortured the deceased, frustrated over the same, deceased attempted to commit suicide by consuming poison. Hence, the case.

The learned counsel appearing for the petitioner submitted that earlier, there was money transaction between them and defacto complainant has lodged a false complaint and the petitioner was remanded to judicial custody and thereafter issue had been settled and again thereafter petitioner took Rs.17,000/- from the deceased and thereby there was a problem between them. . He further submitted that the petitioner was remanded to judicial custody on 19.03.2026 . Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and produced the dying declaration of the defacto complainant.

Upon perusal of the dying declaration, except the reference of the alleged torture by way of demand of money by the petitioner, there were no material against the petitioner so as to abet his suicide. Hence, taking into consideration of the totality of the circumstances and the fact that the petitioner is in judicial custody since 19.03.2025 and the majority of the investigation might have been completed further custodial interrogation of the petitioner does not appears to be necessary at this stage. Hence, this Court is inclined to enlarged the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned II Magistrate Court, Ponneri, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police twice a day at 10.30 am and 5.30 pm. for a period of two weeks and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.