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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.8/2024 registered by Thirumani Police Station, Tumakuru District for the offences punishable under Sections 498A, 302, 304B, 201 R/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 is before this Court seeking regular bail.
Heard the learned counsel appearing for the parties.
FIR in Crime No.8/2024 was registered by Thirumani Police Station, Tumakuru District for the aforesaid offences against one Naresh and 3 others on the basis of first information dated 15.02.2024 received from Sri Anjinaik S/o Tulasinaik, who is the father of the deceased Shilpa. The father of accused No.1 is arrayed as accused No.2 in the FIR. During the course of investigation, the petitioner was arrested 12.03.2024. Investigation in the case is complete and charge sheet has been filed.
The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5122/2024 was dismissed on 29.05.2024. Therefore, he is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the only allegation against the petitioner is that he had instigated accused No.1 to commit the murder of deceased and thereafter had helped him to hang the dead body of the deceased to ceiling fan in his house. He submits that the petitioner is aged about 65 years and he is in custody from 12.03.2024. Accordingly, he prays to allow the petition.
Per contra, learned HCGP has opposed the petition. She submits that the allegations found in the charge sheet against accused Nos.1 and 2 is that they have together committed the murder. Accordingly, she prays to dismiss the petition.
Marriage of deceased Shipla with accused No.1 was solemnized on 21.08.2022. Shilpa was found dead in her matrimonial house and her dead body was hanging inside the room in her matrimonial house. The first informant suspected foul play in the death of his daughter and therefore had approached the police on 15.02.2024. Initially, FIR was registered against four persons. After completion of investigation, charge sheet has been filed against two persons. The petitioner herein is arrayed as accused No.2 and husband of the deceased is arrayed as accused No.1 the charge sheet. After marriage, accused Nos.1 and 2 allegedly had illtreated deceased Shilpa in the matrimonial house in furtherance of demand for additional dowry. On 14.02.2024, accused No.1 and deceased Shipa had fought against each other and accused No.2 had instigated accused No.1 to murder Shilpa and stated that he will search a better girl to him. Accused No.1 therefore with the help of saree of deceased strangulated her neck and committed her murder. Thereafter, accused Nos.1 and 2 allegedly hanged the body of the Shilpa to a ceiling fan inside a room in their house.
The postmortem report of deceased Shipla would go to show that hyoid bone of deceased was fractured. The medial officer has opined that the death is due to 'Asphyxia secondary to strangulation'. The allegation against the petitioner is that he had instigated accused No.1 who is his son to commit the murder of Shipla. Thereafter, petitioner also had assisted accused No.1 to hang the dead body of the deceased. There is no allegation against the petitioner that he had helped accused No.1 to strangulate the neck of deceased Shilpa. The petitioner who is aged about 65 years having no criminal antecedents is in custody from 12.03.2024. Investigation in the case is complete and charge sheet is filed. Under these circumstances, I am of the opinion that the prayer made by the petitioner in the petition is required to be answered affirmatively.
Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.8/2024 registered by Thirumani Police Station, Tumakuru District for the offences punishable under Sections 498A, 302, 304B, 201 R/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;