(1.) Petitioner -women being the accused Nos. 2 and 3 in Crime No.41/2020 registered by Dibburahalli Police for the offences p/u/ss 302, 201 r/w Section 34 of IPC have presented this petition seeking their enlargement on bail under Section 439 of Cr.P.C., 1973, having suffered rejection of similar relief at the hands of learned II Addl. District & Sessions Judge, sitting at Chinthamani. IN Crl.Misc.No.46/2020 dismissed vide order dated 20.05.2020.
(2.) Learned counsel for the petitioners vehemently contends that there is absolutely no material to implicate them for the offence p/u/s 302 at all, the only allegation being the destruction of evidence; they do not have criminal antecedents and they are respectable women of the family having roots in the society; he lastly submits that when COVID 19 Pandemic is rampant, it is unsafe for the women to continue in judicial custody.
(3.) Learned HCGP having entered appearance for the respondent-State vehemently opposes the petition for the grant of bail contending that the investigation is still going on; custody of the petitioners facilitates investigation; there is some material at this stage which prima facie shows involvement of the petitioners in the offences alleged against them; it is unsafe to restore complete liberty to the petitioners who may flee justice and risk the life or limb of family members of the deceased victim; so arguing, he vehemently seeks dismissal of the petition.