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Judgment
This petition is filed by the petitioner/accused No.1 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.19/2017 of Mahila Police Station, Kalaburagi, registered for the offences punishable under Sections 498(A), 306 r/w Section 34 of IPC.
Brief facts leading to filing of the complaint are that, one Shivalingappa filed a complaint alleging that deceased Smt. Preeti was his eldest daughter and was given in marriage to accused No.1 Shivarudra in the year 2001. Out of the said wedlock, they begotten two sons and a daughter and were residing at Kailash Nagar, Kalaburagi. It is further alleged that the deceased informed her parents that since one year, her husband-accused No.1 is having illicit intimacy with Shashikala who is the wife of elder brother of Shivardura and Mallamma, who is the tenant in the house of accused No.1-Shivarudra. In this behalf, the parents of the deceased advised the accused to lead the moral life. It is further alleged in the complaint that because of the illicit intimacy with two women, the accused used to ill-treat the deceased and also the said Shashikala and Mallamma used to quarrel with the deceased. In that light, on 7.3.2017 at about 7:00 p.m., the deceased by consuming the pills was struggling. By seeing the same, Kum. Sneha informed the complainant that her mother is struggling. Immediately, the complainant rushed to the house and saw her in an uncomfortable condition. Meanwhile, accused No.1- Shivarudra came and told that his friend Malkari will take Preeti to Hospital in the Auto Rickshaw. At the time of shifting her to the auto, the condition was critical and on the way to hospital she breathed her last. On the basis of the said complaint, a case came to be registered against the accused persons.
I have heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor appearing for respondent-State.
The main grounds urged by the learned counsel for the petitioner are that the petitioner has been falsely implicated in this case. The only allegation made against the petitioner is that he was having illicit relation with Shashikala and Mallamma and there is no ill-treatment and harassment caused by the petitioner to the deceased. It is also contended that the petitioner himself has taken the deceased to the hospital. The petitioner being an employee of Self Help Bank, he is not likely to abscond. It is further contended that the petitioner has not abetted the deceased to commit suicide. It is further contended that accused No.3 has been already granted bail. Even on the ground of parity, the petitioner is entitled to be released on bail. Further, it is contended that the alleged offences are not punishable with death or imprisonment for life and if the petitioner is enlarged on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.
On the contrary, learned Additional State Public Prosecutor appearing for the respondent-State would contend that there is a prima facie material against the accused to show that the petitioner because of the illicit relation with accused Nos.2 and 3 used to quarrel and ill-treat the deceased and as such on 07.03.2017, the deceased consumed the pills and as a result, she succumbed to death. He would also contend that the children of the deceased are the eyewitnesses to the alleged incident. Immediately prior to the death of deceased, there was a quarrel between accused No.1 and the deceased. Immediately thereafter, the deceased consumed the pills and as a result of the same, she succumbed to death. He would further contend that petitioner is absconding from the date of incident and not available for investigation or interrogation. He would further contend that at this juncture, if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses, he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
I have gone through the copy of the complaint and other material produced along with the petition.
By going through the contents of the complaint, the allegation is that the petitioner was having illicit intimacy with Shashikala and Mallamma and because of the said reason, the deceased used to quarrel with the petitioner to leave the said relation. Though there is direct allegation against the petitioner that because of the illicit relation with accused Nos.2 and 3, he used to harass the deceased and it is the cause for abetment to the deceased to commit suicide, but, however taking into consideration the facts and circumstances of the case, I feel that there is no specific allegation made against the petitioner to show that he has ill-treated, harassed and abetted the deceased to consume the pills and thereafter he instigated the deceased to commit suicide. Under such circumstances, I feel that if the petitioner is enlarged on bail by imposing some stringent conditions, it would meet the ends of justice.
For the aforementioned reasons, the petition is allowed.
The respondent-Police are hereby directed to release the petitioners/accused No.1 on bail, in the event of his arrest, for the above said offences, subject to the following conditions :-
i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the arresting authority.
ii. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. The petitioner shall appear before the investigating officer as and when required and co-operate for investigation.
iv. The petitioner shall mark attendance before the concerned police every fortnight till the chargesheet is filed.
v. The petitioners shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.