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Judgment
Since these two petitions are in respect of the same crime number and similar questions of law and facts are involved in both the petitions, they
are taken together to dispose of them by this common order in order to avoid repetition of facts and law.
Both the petitions are filed under Section 439 of Cr.P.C. seeking regular bail.
Crl.P.No.9950/2017 is filed by accused No.1 and Crl.P.No.9948/2017 is filed by accused Nos.2 to 4 seeking their release on bail of the
alleged offences punishable under Sections 304(B), 302 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act registered in
respondent - police station Crime No.167/2017.
I have heard the learned Counsel appearing for the petitioners-accused Nos.1 to 4 in the respective petitions and the learned High Court
Government Pleader appearing for the respondent-State.
Learned Counsel for the petitioners submitted that the marriage of the deceased with accused No.1 took place in the year 2012 and till the date
of the present complaint, that is nearly for 51/2 years, no allegations were made against any of the petitioners. The learned Counsel also submitted
that even looking to the statement of the neighbours, they have stated that the deceased fell into the water tank. Therefore, because of slip of the
leg, she fell into the water tank and died. Taking undue advantage of the same, false allegations are made against the petitioners involving them in
the false case. From the date of arrest, the petitioners are in custody. The learned Counsel submitted that by imposing reasonable conditions, the
petitioners may be admitted to regular bail.
Per contra, learned HCGP submitted that looking to the complaint averments, serious allegations are made against accused No.1-husband of
the deceased. So far as accused Nos.2 to 4 are concerned, the allegations are in the nature that they used to instigate accused No.1 to insist the
deceased to get the site registered into his name from her parental place. Investigation is still going on and whether it is the death of the deceased
by slip of her leg into the water tank or is it the murder committed by the petitioners, is a matter to be ascertained after collecting materials during
investigation. Hence, opposed the petitions.
I have perused the averments made in the bail petitions, FIR, complaint and the other materials on record.
Looking to the materials placed on record, so far as the petitioners-accused Nos.2 to 4 are concerned, the allegations are in the nature that they
used to instigate accused No.1 to insist the deceased to get a site registered in the name of accused No.1. But so far as accused No.1 is
concerned, serious allegations are made in the complaint that he was insisting her to get the site from her parental place and in that connection, he
was giving ill treatment to the deceased.
Considering all these materials, I am of the opinion that so far as accused No.1 is concerned, as investigation is still going on, it is not a fit case
to allow the petition in favour of accused No.1. However, by imposing reasonable conditions, the petition against accused No.2 to 4 cab be
allowed.
In view of the aforesaid observations, I pass the following order:
Crl.P. No.9950/2017 filed by accused No.1 is rejected. However, accused No.1 is at liberty to approach this Court after completion of the
investigation and after filing of the final report.
Crl.P. No.9948/2017 filed by petitioners-accused Nos.2 to 4 is allowed. Petitioners-accused Nos.2 to 4 are ordered to be released on bail for
the offences punishable under Sections 304(B), 302 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act registered in
respondent - police station Crime No.167/2017, subject to the following conditions:
i. Each petitioner shall execute a personal bond for the sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the
concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall appear before the concerned Court regularly.