REKHA MANDAL Vs. STATE BY PEENYA POLICE STATION

JUDGEMENT

(1.) This is the petition filed by the petitioner/accused No.1 under Sec. 439 of Crimial P.C. seeking her release on bail for the alleged offence punishable under Sec. 304 of IPC, registered in respondent. But later on, the offence under Sec. 302 of Penal Code was made out by the prosecution.

(2.) Brief facts of the prosecution case as per the complaint averments are that, one Prakash has lodged the complaint alleging that on 27.06.2016 at about 8.00 a.m. Peenya police had called him to come near his house. He went there to his rented house, there he met accused No.1 who is in rented house. On enquiring the accused No.1, she stated on 26.01.2016 night approximately at 12.00, she wanted to go for answering first call of nature and at that time, her daughter Babli also want to go for answering the first call of nature and her daughter came out with her and after attending the nature call, accused No.1 came back to her house but, her daughter did not returned to house. Accused No.1 searched her daughter everywhere and in the long distance her daughter was going lonely on road and on previous occasions also accused No.1's daughter went in the mid of the night so many times and accused No.1 brought her daughter back to house with anger and the accused No.1 took one wooden rip piece and assaulted her daughter and thereafter pushed her towards the wall and at that time, the daughter got injuries to her head and fell down by collapsing and accused No.1 by seeing her daughter blood was coming from the nostrils and body of her daughter became cold and she died. On the basis of the said complaint, firstly the case came to be registered under Sec. 304 of Penal Code and after investigation, charge sheet came to be filed under Sec. 302 of IPC.

(3.) Heard the arguments of learned counsel for the petitioner/accused No.1 and also the learned High Court Government Pleader for the respondent - State.