Smt. Mahadevi vs State of Karnataka

Mohan Shantanagoudar, J.—Petitioner is the second accused in Cr. No. 116 of 2002 registered for the offences punishable under Sections 498-A and 306 of I.P.C.

The complaint and investigation records disclose the deceased-Geetha is the wife of the 1st accused-Mahantesh. The Petitioner herein is the mother of the 1st accused.

The complaint lodged by the father of the deceased discloses that in the afternoon of 22.9.2005, he received a telephone call from the deceased. During conversation, she told that her husband harassed her on the previous night also. So saying, she told her father that he should not come even if the complainant receives letter or telephone call and started weeping. On the very day, the complainant got the message that the deceased had committed suicide by hanging.

The complaint prima facie discloses the material against the 1st accused. However, certain omnibus allegations are made against the Petitioner also the 1st accused is stated to be in custody. The Petitioner herein is aged about 67 years.

Learned Counsel for the Petitioner submits that she was not on the spot at the time of incident and she was attending to her brother who was admitted in the hospital for taking treatment since 20 days. He further submitted that only the deceased and the 1st accused were residing in a separate room. Be that as it may, looking to the age of the Petitioner and other material collected during the course of the investigation in my considered opinion, the Petitioner may be granted an order of anticipatory bail for a limited period.

Criminal petition is allowed. The Petitioner is directed to surrender before the Investigating Officer within three weeks from today. In the event of her surrender/arrest, she shall be released on bail subject to the following conditions :

i) She shall execute a bond for a sum of Rs. 50,000/- (Rupees fifty thousand) with two sureties for the like sum to the satisfaction of the Investigation Officer.

ii) She shall mark her presence on every Sunday between 10.00 a.m. and 2.00 p.m. before the Station House Officer, Ramdurg Police Station.

iii) She shall attend the trial Court regularly and shall not tamper the prosecution witnesses.

iv) She shall co-operate during the course of investigation.

The order of anticipatory bail shall remain in force for a period of six weeks.

Petition allowed.