ORDER : This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., seeking regular bail in Crime No.110/2016 of Kembhavi Police Station, registered for the offences punishable under Sections 302, 309, 116, 511, 307 of IPC. 2. Brief facts leading to filing of the complaint are that, Accused No.1 is the sister of the complainant and the marriage of accused No.1 was performed with one Peersab and out of the said wedlock, they have got two sons and one daughter. Husband of accused No.1 namely, Peersab went to Poone for eeking livelihood and after two years, due to the difference of opinion between accused No.1 and her husband Peersab, he left accused No.1 by quarreling with her. Thereafter, accused No.1 was staying by the side of Kirana Shop of accused No.2. Accused No.1 developed illicit intimacy with accused No.2. Inspite of advice given by the elder persons of the family, they continued the said relationship. On 08.09.2016 at about 11.00 p.m., accused No.2 over the phone abetted accused No.1 by saying that ‘go and die any where else’. In that light, accused No.1 on 09.09.2016 in the morning hours took her three children near to the main canal passing near Mahaboob Subani Dargha and thrown her children into the canal and she also jumped into the said canal with an intention to commit suicide. Immediately, after coming to know the said fact, the informant rushed to the said canal and there he noticed dead bodies of two children and he rescued accused No.1 and one son and thereafter, informed the same to complainant. On the basis of the above allegations, a complaint was lodged and a case has been registered against accused Nos.1 and 2. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he has not committed any offence alleged against him. Only with an intention to harass the petitioner, he has been falsely implicated in this case. He has contended that the words said to have been told by accused No.2 ‘to go and die anywhere’ will not amount to any abetment or any offence and as such, the petitioner is innocent and he has not involved in the alleged offence in any manner. He has contended that the words said to have been told by accused No.2 ‘to go and die anywhere’ will not amount to any abetment or any offence and as such, the petitioner is innocent and he has not involved in the alleged offence in any manner. It is accused No.1 who has caused the death of her children by throwing them into the canal and the petitioner has nothing to do with the said acts. He has also contended that petitioner has got both movable and immovable properties, therefore, there is no chance of he being absconded. He has further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that accused No.2 has abetted accused No.1 and as a result of the same, accused No.1 by throwing three children into the canal, she has also jumped and tried to commit suicide. Two children died due to drowning and due to the intervention of Masoomsab, accused No.1 and one child have been saved. It is also contended that due to the illicit intimacy with accused No2, accused No.1 has committed the alleged offences. There is overt-act on the part of accused No.2 which would indicate that he has also involved in the alleged crime. There is prima facie material to show that petitioner has also involved in the alleged case. Therefore, he prays for dismissal of the petition. 6. I have gone through the contents of the complaint, FIR and other material produced along with the petition. 7. As could be seen from the records, accused Nos.1 and 2 were having illicit intimacy, in spite of advise given by the elderly persons, they have continued the said relationship. On 08.09.2016 the petitioner told accused No.1 over the phone ‘to go and die anywhere else’. Due to that, accused No.1 went and tried to commit suicide and has also caused the death of her two children. Be that as it may. On going through the entire material produced, it would indicate that no overt acts have been alleged against the petitioner. Due to that, accused No.1 went and tried to commit suicide and has also caused the death of her two children. Be that as it may. On going through the entire material produced, it would indicate that no overt acts have been alleged against the petitioner. The only allegation made against the petitioner in the complaint is that on 08.09.2016 petitioner has abetted accused No.1 over phone by saying the words ‘to go and die anywhere else’. Whether the said words amount to abetment to commit suicide or not, is a matter which has to be adjudicated at the time of trial and not at this premature stage. When there is no overt act against the petitioner and no connecting link, I feel that if the petitioner is released on bail by taking adequate security and by imposing stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice. 8. For the aforementioned reasons, the petition is allowed and petitioner/accused No.2 is ordered to be released on bail, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses; (iii) The petitioner shall make himself available to the Investigating Officer as and when required; (iv) The petitioner shall appear before the Trial Court regularly on all the dates of hearing without fail. (v) The petitioner shall not leave the jurisdiction of the concerned Court without its prior permission.