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Judgment
H. Billappa
The petitioners have filed this petition under Sec. 438 of Cr.P.C. praying for grant of anticipatory bail.
It is stated in the petition, the petitioners have not committed any offence and they have been falsely implicated in the case. The petitioners are permanent residents of Kerehundi village and they are ready to abide all the conditions that may be imposed. Therefore, the petitioners have prayed for grant of anticipatory bail.
It is alleged, the 1st petitioner was married to the deceased Mahendramma about one year back. After the marriage, the deceased was living with the petitioners and she was treated with cruelty demanding dowry. On 8/7/2010, the deceased committed suicide by pouring kerosene. Thereafter, complaint has been lodged and a case in Crime No.209/10 of Nanjangud Rural Police Station has been registered for the offences punishable under Secs. 498A and 304B r/w 34 of I.P.C. and Secs. 3 and 4 of D.P. Act. After investigation charge sheet has been filed.
The learned counsel for the petitioners contended that the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the case and the 2nd petitioner was granted anticipatory bail and she has not availed and therefore, the petitioners can be granted anticipatory bail.
As against this, the learned Government Pleader submitted that after investigation charge sheet has been filed and the petitioners are not available for the investigation. He also submitted that the petitioners had approached this Court in Crl.P.4824/10 and this Court had granted anticipatory bail to the 2nd petitioner and she has not availed it and therefore, the petitioners cannot be granted bail.
I have carefully considered the submissions made by the learned counsel for the parties.
The point that arises for my consideration is :
Whether the petitioners can be granted anticipatory bail?
It is relevant to note, the allegations are the marriage between the Ist petitioner and the deceased was solemnized about one year back. The deceased was treated with cruelty and she has committed suicide. The petitioners have approached this Court in Crl.P.4824/10. This Court had granted anticipatory bail to the 2nd petitioner and the 2nd petitioner has not availed it. After investigation charge sheet has been filed and NBW has been issued. The petitioners were not available for investigation. Now, the petitioners have approached this Court. Therefore, the petitioners cannot be granted anticipatory bail.
Accordingly, the bail petition is rejected.