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Judgment
S Vishwajith Shetty, J
Accused No.2 in S.C.No.207/2022, pending before the Court of Additional District and Sessions Judge, FTSC-I at Davanagere arising out of Crime No.189/2022 registered by the Jagalur Police, Davanagere for the offences punishable under Sections 498(A), 304(B), 306, 376 read with Section 34 of IPC also under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 and under Sections 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, is before this Court under Section 439 of Cr.P.C., seeking regular bail.
Heard the learned counsel for the parties.
On the complaint of Smt. Jayamma w/o Veerabhadrappa, Jagalur Police, Davanagere have registered FIR in Crime No.189/2022 initially for the offences punishable under Sections 498A, 302, 304B, 34 of IPC against one Nagaraja and the petitioner herein. The petitioner was arrayed as accused No.2 in the FIR. In the complaint it is averred that the complainant's daughter, aged about 22 years was married to accused No.1-Nagaraja about two years prior to the date of complaint. It is alleged in the complaint that accused No.1-Nagaraja and petitioner who is elder sister of accused No.1 were torturing and harassing the daughter of complainant and were demanding to bring dowry from her house. This was informed to the complainant by her daughter over phone. The complainant and her husband had requested the accused persons not to torture and harass their daughter and assured that they would meet the demand of accused persons. On 14.08.2022, when the complainant was at Hassan, her brother-in-law-Kollappa had telephoned her and informed that her daughter had died. Immediately, the complainant went to the house of her daughter. She suspected that the accused persons have hanged her daughter and caused her death and accordingly, had lodged the complaint, based on which, FIR in Crime No.189/2022 was registered by the Jagalur Police. During the course of investigation, the accused persons were arrested. The petitioner was arrested on 16.08.2022. After completion of the investigation, charge sheet has been filed and petitioner is arrayed as accused No.2 in the charge sheet. Her bail application filed before the Additional District and Sessions Judge, FTSC-I, Davanagere in S.C.No.207/2022 was dismissed on 01.02.2023. It is under these circumstances, the petitioner is before this Court.
Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that the petitioner is a married lady, aged about 30 years is in custody ever since 16.08.2022. He submits that investigation is completed and the charge sheet has been filed and prays to allow the petition.
Per contra, learned High Court Government Pleader and learned counsel appearing for respondent No.2-defacto complainant have opposed the bail application and submits that the accused persons have committed heinous offence and there are sufficient materials to connect them to the crime and prays to reject the petition.
As per the complaint averments, the marriage of the complainant's daughter with accused No.1-Nagaraja was solemnized about two years prior to the date of complaint. In the complaint, it is stated that the complainant's daughter was aged about 22 years at the time of death. Though there are allegations of harassment and torture by the accused persons against the deceased, who is the daughter of complainant, no particulars of any specific incidents, wherein the petitioner had harassed the deceased is mentioned. Petitioner is a married lady and her address shown in the cause-title shows that she was residing separately. Investigation in the case is completed and the charge sheet has been filed. The main allegations in the charge sheet are all against accused No.1. The petitioner who is a lady, aged about 30 years is in custody since 16.08.2022. Under these circumstances, I am of the view that the petitioner has made out prima-facie case for grant of bail. Accordingly, the following:
ORDER
Criminal petition is allowed. The petitioner-accused No.2 is directed to be enlarged on bail in S.C.No.207/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Davanagere arising out of Crime No.189/2022 of Jagalur Police, Davanagere, registered for the offences punishable under Sections 498(A), 304(B), 306, 376 read with Section 34 of IPC, under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 and under Sections 6 and 17 of the POCSO Act and under Sections 3 and 4 of the D.P.Act, subject to the following conditions:
Petitioner shall execute personal bond for a sum of Rs.1,00,000 (One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off.