BABY AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is the petition filed by the petitioners/accused No. 2 and 3 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 their arrest for the offences punishable under Sections 498A, 304B read with Section 34 of IPC registered in respondent police station Crime No. 139/2014.

(2.) HEARD the arguments of the learned counsel appearing for the petitioners/accused Nos. 2 and 3 and also the learned HCGP for the respondent -State.

(3.) LEARNED counsel for the petitioners during the course of his arguments submitted that after the marriage and till the date of alleged incident there was no complaint by the deceased against the accused persons about any sort of ill -treatment and harassment to her. He also made the submission that it was a love marriage between accused No. 1 and the deceased and they belongs to different community. Therefore, the question of demanding dowry does not arise. Learned counsel also made the submission that, even if it is assumed for the sake of argument and consideration that she consumed poison, the reaction will take place immediately within half an hour. But, in this case that has not happened, whatever alleged in the complaint that itself goes to show that she got vomit in the office, where she was working. Hence, it is the contention of the learned counsel for the petitioners that it may be because of other reasons or due to work pressure. Hence, he submits that present petitioners, who are in -laws of the deceased are totally unconnected with the incident and there is no prima -facie material placed by the prosecution to show the involvement of the present petitioners and hence, submitted to allow the petition and to grant anticipatory bail to the petitioners.