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Judgment
A.V. Chandrashekara, J.—Heard the learned counsel for the petitioners and the learned Government Pleader.
Petitioner No. 1 is the legally wedded husband of petitioner No. 2. They are accused in Crime No. 77/2015 on the file of respondent police station. The offences alleged against both of them is punishable under Section 306 r/w Section 34 of IPC.
On the basis of the first information lodged by Smt. Kavitha, wife of deceased Sathish, case is registered against both of them.
According to the first information, complainant''s husband Sathish was a partner in a security agency firm alongwith both the accused and the partnership firm suffered loss. It is alleged that both the petitioners pressurized her husband to make good the loss in its entirety and they were often coming and pressurizing him it is also mentioned that they were scolding him by using filthy language. Being unable to withstand the humiliation meted out to him, her husband committed suicide.
Learned Government Pleader has vehemently opposed the bail application on the ground that a death note has been left by the deceased and these accused will have to be interrogated with reference to the death note. He has further argued that investigation is still in progress and therefore it is not a fit case to grant bail.
Admittedly, the second petitioner is a lady and she has undertaken to obey any conditions which may be imposed on her. So far as the first petitioner is concerned, there is a reference in the death note and he needs to be interrogated by the police with reference to the same. In the light of the investigation being in progress, petitioner No. 1 is not entitled to be released on bail under Section 438 of Cr.P.C. at this stage.
Accordingly, the petition is partly allowed granting anticipatory bail to petitioner No. 2 Smt. Roopa only on the following conditions.
"(1) Petitioner shall be released on anticipatory bail in the event of his arrest in Cr. No. 77/2015 by respondent Police, on her executing a personal bond for a sum of Rs. 1,00,000/- with one surety for the likesum to the satisfaction of the Investigation Officer.
(2) Petitioner shall surrender before the Investigation Officer on or before 14.04.2015 and in such an event, the I.O. may orally interrogate him. Soon after conducting interrogation, he shall release the petitioner on bail, immediately.
(3) Petitioner shall not holdout threats to the prosecution witnesses and shall not try to lure them in any manner.
(4) Petitioner shall not involve herself in any criminal activities."
The petition filed by the first petitioner is dismissed. He is entitled to approach this Court directly under Section 439 of Cr.P.C. after surrendering before the police.