MANJA Vs. PRATAPA AND ORS.

JUDGEMENT

(1.) Since these two petitions are in respect of the same Crime Number, they have been taken together to dispose of them by common order. Cri.P. No. 5364/2014 is filed by the petitioner-accused Nos. 2 and 3 under Section 439 of Cr.P.C., seeking their release on bail and Crl.P. No. 5365/2014 is filed by the petitioners - accused Nos. 4 to 7 under Section 438 of Cr.P.C., seeking anticipatory bail to direct the respondent - police to release the petitioners on bail in the event of arrest of the petitioners for the alleged offences punishable under Sections 143, 498-A, 304B read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, registered in respondent-police station Crime No. 224/2014 and after completion of the investigation, charge-sheet has been filed for the offences punishable under Sections 302, 498-A, 304B read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) Heard the arguments of the learned counsel appearing for the petitioners - accused in respect of both the petitions and also the learned HCGP for the respondent - State.

(3.) Learned counsel for the petitioners during the course of his arguments made submission that even on earlier occasion the petitioners approached this Court seeking their release on bail. This Court disposed of both the petitions by order dated 30.07.2014 giving liberty to the petitioners to approach the Sessions Judge or this Court after completion of the investigation. Learned counsel for the petitioners further submitted that now the investigation is completed and charge-sheet has been filed. He further submitted that these petitioners were not at all connected with the alleged offences and they are residing separately. The deceased and her husband, Ramesh, i.e., accused No. 1 were residing separately. Counsel also made submission that looking to the complaint averments only general allegations are made against these petitioners to the effect that they were also demanding dowry by giving ill-treatment and harassment. He submitted that the petitioner Nos. 2 and 3 are women and petitioner No. 1 is aged about 60 years in Cri.P. No. 5365/2014. Hence he submitted by imposing reasonable conditions, the petitioners may be enlarged on bail. Learned counsel also made submission that the accused No. 1, who is the husband of the deceased is already in custody.