Smt. Kanthi. U.A. vs State

Budihal R.B., J.—This petition is filed by petitioner/accused u/s 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release her on bail in the event of her arrest in respect of the alleged offences punishable under Sections 306 of IPC registered in respondent-police station Crime No. 224/2013.

The brief facts of the prosecution case as per the averments in the complaint are that one Taranath appeared before the respondent-police on 27.11.2013 at about 10.00 p.m. with a written complaint alleging that his sister Shobharani was married to one T. Nagaraj, resident of Visveshwaraiah Extension, Hassan and they had two minor children. After the complainant sister''s death, said T. Nagaraj had second marriage with the petitioner, who is the step mother. She is said to have made false allegations against the deceased Harshith who was studying in II year PUC that he has stolen Rs. 2,500/- in the house and has harassed him mentally and physically. Because of the harassment, on 27.11.2013 at about 7.00 p.m. Harshith committed suicide by hanging. On the basis of the said complaint, a case has been registered against the petitioner for the offences punishable u/s 306 of IPC.

Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent-State.

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

The alleged incident is said to have taken place on 27.11.2013. Perusing the inquest mahazar proceedings it is seen that the Investigating officer has recorded the statements of grand parents of the deceased, Thimmegowda, S/o Rangegowda and also Lakshmamma, W/o Thimmegowda wherein it is stated that after the marriage of the petitioner with T. Nagaraj, she was looking after the deceased and his another brother very well. They have also stated that the deceased who was studying in the college had secured very less marks in the test in two to three subjects and he was also having skin disease, which was also not cured. Because of these reasons he was disappointed and has committed suicide. The statement of the grand parents prima facie goes to show that the death of the deceased was because of the reason that he has secured less marks in the test and also that he had skin disease. Learned counsel for the petitioner has also produced the statement of marks issued by Sri Venkateshwara Pre-University College, Hassan wherein it is seen that in Physics subject out of 35, he secured only 10 and in Chemistry he has secured 3 marks. He has also produced the Memo dated 19.11.2013 issued by the Principal of the said P.U. College. This Memo goes to show that the examination was about to commence on 29.11.2013. Looking to all these materials on record, at this stage, it goes to show that the death of the deceased was due to the reason that he had secured less number of marks in the test and also that he had skin disease. The prosecution has not placed prima facie material to show the involvement of the present petitioner in the commission of the alleged offence u/s 306 of IPC. Therefore, it is a fit case to exercise the discretion in favour of petitioner-accused. Regarding the apprehension of the prosecution that if released on bail, petitioner may abscond and she may tamper the prosecution witnesses, conditions may be imposed, which will safeguard the interest of the prosecution.

Accordingly, petition is allowed. Respondent-police are directed to release the petitioner on bail in the event of her arrest for the alleged offence punishable u/s 306 of IPC registered in respondent-police station Crime No. 224/2013 subject to the following conditions:

(i) Petitioner 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 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 her order and execute personal bond and surety bond.