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Judgment
K.N. Phaneendra, J.—The petitioners arraigned as Accused Nos. 2 and 4 in Crime No. 39/2015 on the file of Dhanura Police Station, Bhalki Taluk, for the offences punishable under Sections 498-A, 30 and 504 r/w. Section 149 of IPC.
I have heard the arguments of the learned counsel for the petitioners as well as the learned HCGP for the State, and perused the records.
A lady by name Smt. Kamalabai, wife of Kashinath Rathod resident of Siddarth Nagar, Bhalki Taluk, lodged a complaint stating that her daughter by name Guja Bai was given in marriage to Accused No. 1- Manohar, about seven years ago and after the marriage, for some time, the couple lived happily and thereafter, Accused No. 1, the petitioners herein (Accused Nos. 2 and 4) and other family members of Accused No. 1 started ill-treating and harassing the said Guja Bai. In this background, it is alleged that, on 27.02.2015 the accused persons joined together and with an intention to do away with the life of the said Guja Bai, administered poison to her, due to which she was admitted to the hospital. On the said allegation, the police have started investigation and the investigation is not yet complete.
The petitioners and other accused persons have approached the Sessions Court for grant of bail, wherein the Sessions Court has granted bail sofaras Accused Nos. 3, 6 and 7 are concerned vide order dated 23.03.2015 in Crl. Misc. Nos. 224/2015 and the bail petition in so far as these two petitioners (Accused Nos. 2 and 4) concerned was rejected.
On perusal of the above said factual aspects and also the documents produced before this Court by the learned counsel that the said Guja Bai was admitted to the hospital on 27.02.2015 and discharged on 03.03.2015. The documents issued by the Prayavi Multi Speciality Hospital at Bidar shows that she was discharged from the hospital on 03.03.2015. Though opportunity was granted to the Addl. HCGP to ascertain whether she was admitted to any other hospital for treatment, but the Addl. HCGP submits that though he had informed the Jurisdictional Investigating Officer to ascertain and furnish the information, he was not furnished with any information in this regard. Therefore, it goes without saying that they have no material to produce to show that she was admitted to some other hospital for treatment. She has already been discharged from the hospital and further added to that, these two petitioners are not the main culprits. Accused No. 1 is absconding and the main allegations are made against him.
Looking to the above circumstance, the petitioners are not required for any further investigation and they were already remanded to judicial custody, and also the offences are purely of matrimonial dispute and even the injured was also already discharged from the hospital. The petitioner No. 1 in this case is aged more than 60 years.
Considering all these circumstances, I am of the opinion that under Section 439 of Cr.P.C. the petitioners are entitled to be enlarged on bail. Hence, the following order:--
ORDER
The petition filed under Section 439 of Cr.P.C., is allowed. Consequently, the petitioners shall be released on bail in connection with Crl. Misc. No. 215/2015 (Crime No. 39/2015 of Dhanur P.S., Bhalki) on the file of the District and Sessions Judge at Bidar, subject to following conditions:
"i) Each of the petitioners shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two solvent sureties for the like-sum to the satisfaction of the Committal Court.
ii) The petitioners shall make themselves available to the Investigating Officer as and when required for the purpose of further investigation, interrogation, etc.
iii) The petitioners shall appear before the Trial Court on all the future hearing dates, unless prevented by any genuine cause, till the case registered against them is disposed of."