PANKAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec.438 of Cr.P.C. seeking for anticipatory bail in the event of their arrest in Cr.No.54/2016 on the file of Halebeedu Police Station registered for the offence punishable under Sec.306 R/w 34 of IPC.

(2.) The case of the prosecution is that son of the deceased lodged the complaint alleging that the petitioners herein picked up quarrel with his mother on 29.2.2016. Thereafter on 1.3.2016, the complainant and his father went near the land for cultivation, at that time, the mother of complainant called them for lunch and informed that the first petitioner and her relatives are making galata near the house. Hence, they returned at about 2 -30 pm and they saw that front door was locked from inside thereafter complainant entered the house from back door and noticed that his mother committed suicide by hanging with the help of plastic rope. Thereafter, a complaint has been lodged against the petitioners alleging that they are responsible for the death of his mother. On the basis of the complaint, a case was registered against the petitioners. Petitioners claim that they have not committed any offences much less the offences alleged against them, they are innocent and they are falsely implicated due to the old enemity. The 1st petitioner is the widow and 2nd petitioner is her son. She has to look after her old in -laws. Petitioners allege that there is a dispute between the deceased and her husband. In view of the dispute, deceased has committed suicide by hanging herself and hence, the petitioner No.1 is not responsible for the death. Complaint lodged against petitioner No.1 does not fall within the provision of Sec.306 of IPC. Hence she approached the Prl. Sessions Judge, Hassan in Crl.Misc.Petition No.287/2016 seeking anticipatory bail. Learned Sessions Judge, Hassan dismissed the said petition holding that the investigation is not concluded and at this stage anticipatory bail cannot be granted. Hence petitioners have approached this court.

(3.) I have heard the arguments addressed by the learned counsel for the petitioners and perused the copy of the complaint, FIR and the order passed by the Prl. Dist. & Sessions Judge, Hassan in Crl.Misc.Petition No.287/2016.