K. Natarajan, J. - This petition is filed by accused No. 4/petitioner under section 438 of Cr.P.C. praying to grant anticipatory bail.
2. The petitioner is accused No. 4 in Crime No. 107/2019 of University Police Station for the offences punishable under sections 302, 120B, 109 and 201 read with section 34 of IPC.
3. The case of the petitioner is that the complainant who is mother of the victim filed a complaint before the police alleging that this petitioner/accused No. 4 married the deceased Shrinivas and having three children. This petitioner said to be having illicit intimacy with accused No. 3 and the deceased warned this petitioner, in spite of it she has continued her love affair with accused No. 3. There was some quarrel between the deceased and this petitioner and this petitioner lodged a complaint against the deceased before the University police and a case was pending. In the meanwhile, on 08.06.2019, the complainant received a phone call from this petitioner and her son (grandson of complainant) that the deceased is quarrelling with his brother-in-law, i.e. brother of this petitioner. Therefore, the complainant along with this petitioner while going to her parents house on the way they met accused Nos. 1 to 3 at 9.00 p.m. Thereafter, they proceeded further at that time the accused No. 1 said to be informed this petitioner that her husband gone to their house therefore while returning back on their way, they found the husband of the petitioner was murdered and died due to fatal injuries. Thereafter, a complaint came to be lodged and police registered a case and while investigation arrested accused Nos. 1 to 3 and produced them before the Magistrate in turn remanded to judicial custody. The bail application of accused Nos. 1 to 3 has been allowed by this court in Criminal Petition No. 201472/2019 dated 19.12.2019, Criminal Petition No. 201342/2019 dated 07.11.2019 and Criminal Petition No. 200850/2019 dated 25.09.2019. This petitioner is accused No. 4 and apprehending her arrest in the hands of police. Her name is found in the FIR. Therefore, she has approached the Sessions Court for bail, which came to be rejected and hence she is before this Court.
4. Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and she has been falsely implicated in the case. The allegation against the petitioner is that she has abetted other accused persons to commit the murder of her own husband and the other accused persons are already released on bail. Therefore, on the ground of parity, this petitioner is also entitled to be released on bail. The investigation is completed and charge sheet is filed and there is nothing to be recovered from this accused. Therefore, prayed for granting of bail.
5. Per contra, learned High Court Government Pleader objected to the bail petition and contended that this petitioner is the main cause for commission of murder of her husband. She along with accused Nos. 1 to 3 have murdered her own husband Shrinivas. She is absconded from the date of commission of offence. There is sufficient material placed on record for involvement of the accused in the crime. She is required for the purpose of investigation and therefore, prayed for dismissal of the petition.
6. Upon hearing the learned counsel for the petitioner and learned High Court Government Pleader and perusal of the records, it goes to show that no doubt, complainant is the mother of deceased who lodged a complaint that this petitioner and accused Nos. 1 to 3 have committed murder of her son deceased Shrinivas. The complaint shows that the complainant and this petitioner while going to her mothers house and while returning back on the way, found the deceased was murdered. Thereafter the police registered a case against the accused Nos. 1 to 4. The accused Nos. 1 to 3 were arrested and they were sent to custody and later this court granted bail to them under section 439 of Cr.P.C. The only allegation against this petitioner is that there was frequent quarrel between the accused and deceased that she is having illicit intimacy with accused No. 3. However, after investigation the police have filed charge sheet and this petitioner has abetted other accused persons to commit murder of her own husband by hatching conspiracy with other accused. The other co-accused persons are already released on bail. However, the allegation against this petitioner is only abetment though it is equally punishable as good as commission of murder. This petitioner being wife of the deceased and having three children, she may be granted bail as investigation is already completed. Her presence is not required for further investigation except for trial. Therefore, at this stage the court cannot believe that there is sufficient material to show that she is actively participated in the commission of offence and abetted others to commit the murder. Therefore, without expressing any opinion on merits of the case, I hold that it is a fit case to grant anticipatory bail. Hence, I proceed to pass the following:
ORDER
The bail petition filed under section 438 of Cr.P.C. is allowed. The respondent police is directed to release the petitioner on bail in the event of her arrest in crime No. 107/2019 of University Police Station, Kalaburagi on executing personal bond for a sum of Rs. 1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer, subject to following conditions:
1. The petitioner shall surrender before the Investigating Officer within 15 days from the date of receipt of this order.
2. The petitioner shall approach the trial court for obtaining regular bail after release by the police within 15 days.
3. The petitioner shall mark his attendance as and when required for the purpose of any further investigation by the police.
4. If any material is collected by the Police, they are at liberty to file additional charge against this petitioner.
