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2020 DIGILAW 1683 (KAR)

Meharaj @ Meharaj Begum v. State

2020-09-03

K.NATARAJAN

body2020
JUDGMENT K. Natarajan, J. - Learned High Court Government Pleader accepts notice for the respondent-State. 2. The petitioner/accused No.2 has filed this petition under Section 438 of the Cr.P.C. for granting anticipatory bail in Crime No.112 of 2020 registered by K.G. Halli Police Station, Bengaluru, for the offence punishable under Section 306 of the Indian Penal Code (for short, 'the IPC'). 3. Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. The case of the prosecution is that, on the complaint of one Shameem Bhanu on 13-4-2020 filed before the respondent-Police alleging that her daughter- Sazeeda Bhanu (hereinafter referred to as 'deceased') was given in marriage to the petitioner's son on 24-6-2018 at Hosapete. Subsequently, her daughter resided in Bengaluru with her husband. The husband of the deceased and his mother used to ill-treat the deceased as she did not conceive in spite of completion of one and halfa- year post marriage. They said to have been abused and insulted the deceased. Due to which, her daughter committed suicide on 12-4-2020. After registering the case, the Police arrested accused No.1 and he was remanded to judicial custody. The Police are trying to arrest this petitioner by showing her name as accused No.2. Hence, the petitioner filed a bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner is before this Court. 5. Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence. There is no ill-treatment on the deceased. Accused No.1- husband of the deceased has been granted bail by a Coordinate Bench of this Court in Criminal Petition No.2971 of 2020 dated 2-7-2020. This petitioner is the mother of accused No.1 and she is ready to abide by any condition imposed by this Court. The offence is not punishable with death or imprisonment for life. Hence, he prayed for allowing the petition. 6. Per contra, the learned High Court Government Pleader has objected the bail petition and contended that the petitioner is required for custodial interrogation and she is absconding from the date of incident. If she is released on bail, she may tamper with the prosecution witnesses. Hence, he prayed for dismissing the petition. 7. 6. Per contra, the learned High Court Government Pleader has objected the bail petition and contended that the petitioner is required for custodial interrogation and she is absconding from the date of incident. If she is released on bail, she may tamper with the prosecution witnesses. Hence, he prayed for dismissing the petition. 7. After hearing the arguments and on perusal of the complaint, F.I.R., it goes to show that the daughter of the complainant-Sazeeda Bhanu committed suicide in the house of the petitioner on 12-4-2020. It is alleged by the complainant that the petitioner and her son, who is accused No.1, used to abuse and insult the deceased, as she did not conceive in spite of completion of one and halfa- year post marriage. During Investigation, the Police arrested accused No.1 and was remanded to judicial custody. The Co-ordinate Bench of this Court has granted bail to accused No.1 in Criminal Petition No.2971 of 2020 on 2-7-2020. The allegation made against this petitioner is similar to that of allegation made against accused No.1, who has been granted bail. This petitioner being woman and mother of accused No.1 is entitled for special consideration under Section 437 of the Cr.P.C. Though the alleged offence is non-bailable, but not punishable with death or imprisonment for life. The petitioner is a permanent resident of Bengaluru. Therefore, considering the facts and circumstances of the case, if bail is granted by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, the petitioner is entitled for grant of anticipatory bail. Accordingly, I proceed to pass the following O R D E R Petition is allowed . The respondent-K.G. Halli Police Station, Bengaluru, is directed to release the petitioner-accused No.2 on bail in the event of her arrest in Crime No.112 of 2020 for the offence punishable under Section 306 of the IPC, subject to the following conditions: i. Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with a surety for the likesum to the satisfaction of the Investigation Officer or Magistrate; ii. Petitioner shall surrender herself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order; iii. Petitioner shall not tamper with the prosecution witnesses directly or indirectly; and iv. Petitioner shall surrender herself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order; iii. Petitioner shall not tamper with the prosecution witnesses directly or indirectly; and iv. Petitioner shall appear before the Investigating Officer as and when called for the purpose of investigation.