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Judgment
H.S. Kempanna, J.—The petitioners, who are arrayed as accused No. 2 to 4 in Crime No. 303/2013 on the file of the respondent police registered for the offences punishable under Sections 323, 498A r/w Sec. 34 of IPC, are before this Court seeking for grant of anticipatory bail. It is alleged among other things in the complaint that accused No. 1 in the case by name Lokesh is the husband of the deceased - Smt. Rashmi. The petitioners are the grand mother, mother and sis-in-law of the mother of the accused No. 1. It is alleged all these petitioners along with accused No. 1 had subjected the deceased - Rashmi in the matrimonial home to the cruelty and harassment both mentally and physically, being unbearable of which the deceased set fire herself after dousing with kerosene, due to which she sustained burn injuries on 23.09.2013 and succumbed to the same while undergoing treatment in the hospital on 24.09.2013.
The learned counsel appearing for petitioner submits all these petitioners are ladies among them petitioner No. 1, who is grand mother of accused No. 1 is aged about SO years, the other two petitioners who are mother and sister-in-law of mother of accused No. 1, are aged 55 and 60 years. The allegations in the first information are directed mainly against the accused No. 1 who is alleged to have assaulted the deceased, being unbearable of which the deceased committed suicide in the house of the accused No. 1 by setting fire to herself after dousing with kerosene. The petitioners being ladies by virtue of proviso to Section 437 of Cr.P.C. they be granted relief of anticipatory bail.
Learned High Court Government Pleader opposed the application filed by the petitioners. The material on record reveals initially the case had been registered for the offence punishable u/s 323, 498A r/w Sec. 34 of IPC. After death of the deceased Section 306 and 302 of IPC have been added in the case. The allegations in the first information reveal it is accused No. 1 who mainly was subjecting the deceased to cruelty and harassment. Taking into consideration the above facts coupled with the fact that all these petitioners are aged ladies by virtue of what is contemplated under the proviso to Section 437 of Cr.P.C. I do not find any justification to decline the request of the petitioners. Accordingly, I proceed to pass the following:--
ORDER
Petition is allowed.
The petitioners in the event of their arrest in Crime No. 303/2013 of the respondent-police, the said police are directed to release them on bail on each of them executing a personal bond in a sum of Rs. 50,000/- with one surety for the likesum to the satisfaction of the said police subject to the following conditions:--
They shall appear before the respondent-police on or before 30.12.2013 for the purpose of their arrest and release.
They shall not tamper with the prosecution witnesses.
They shall appear before the investigating agency as and when required for the purpose of investigation.