MAHADEVAMMA, W/O. MAHADEVAIAH, SMT. NAGARATHNAMMA @ NAGAMANI, W/O. RANGASWAMY ,SMT. RATHNAMMA, D/O. MAHADEVAIAH AND SRI. RANGASWAMY, S/O. MAHADEVAIAH Vs. STATE BY TERAKANAMBI POLICE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA@RESP

JUDGEMENT

(1.) THE Petitioners have sought for anticipatory bail apprehending arrest for the offence punishable under Sections 143, 306 read with Section 149 IPC.

(2.) THE facts reveal that the deceased Rangaswamy was the husband of the second Petitioner and the first Petitioner is the mother of second Petitioner where as Petitioners 3 and 4 are the sister and brother of second Petitioner. The marriage of second Petitioner with Rangaswamy was held about eight years earlier to the incident. Through the wedlock, two children were born to them and there were some difference of opinion amongst them and thereby the second Petitioner with her children went to her parental home. It is thereafter that Rangaswamy the deceased was insisting his wife and children to come to his home and again when he had gone to the residence of the first Petitioner, it is alleged that there was a quarrel and that the Petitioners and Accused No. 1 said to have abused him in vulgar language and did not send the second Petitioner with her children to his house. Even on the second occasion also, the same type of incident was repeated and at that time, it is alleged that the Petitioners and Accused No. 1 told the deceased that even if he dies, his wife and children will not be sent. It is under these circumstances that after few days the deceased committed suicide by consuming poison. Thereafter, the Police have registered a complaint against the Petitioners and the first accused for the offences stated supra. The Petitioners submit that they are innocent and that the prosecution has not placed any material for the offence under Section 306 IPC and that the allegations prima facie do not constitute an offence under Section 306 IPC. They also submit; that they are ready and willing to abide by any conditions that may be imposed by this Court for their release on bail.

(3.) IT is relevant to note that there was difference of opinion between Rangaswamy the husband and the second Petitioner his wife and in such circumstances, the second Petitioner had gone to her parental home. She was staying there with her children and on the last occasion, when the deceased went to bring them the parents and the second Petitioner refused to accompany him and even on the second occasion, the same type of incident: repeated. Ultimately, as his wife and children did not turn up, it appears that he has committed suicide. The question as to whether the allegations made in the petition amounts to an offence under Section 306 IPC will have to be considered during the course of the trial. Petitioner No. 1 is aged about 65 years and the second Petitioner has lost her husband and is aged 32 years and she has got two kids. The third Petitioner is the sister of the second Petitioner. Petitioners 1 got 3 being women, they are entitled bail sought for. So far as fourth Petitioner is concerned, there is no specific overtact attributed against him in the incident, in that view of the matter, I am of the opinion that it is a fit case wherein anticipatory bail could be granted with certain conditions. Hence, I proceed to pass the following: Order The petition is allowed. The Petitioners are ordered to be released on bail in the event of their arrest by Terakanambi Police in Crime No. 6/2011 on their executing a personal bond for a sum of Rs. 20,000 -00 each with one surety each for the like sum to the satisfaction of the arresting authority with the further following conditions: i) The Petitioners shall surrender before the concerned Police Station within ten days from today. ii) The Petitioners shall appear before the concerned Police Station on every Sunday in between 9.00 a.m. and 10.00 a.m. till filing of the charge sheet. iii) The Petitioners shall not cause any threat, force or coercion to any of the witnesses of the complainant.