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Judgment
S Vishwajith Shetty, J
Accused Nos.3 and 4 in S.C.No.156/2023 pending on the file of Civil Judge and JMFC, Bainduru, Udupi Disrict, arising out of Crime No.12/2023 registered by Bainduru Police Station, Udupi, for the offences punishable under Sections 504, 498-A, 323, 302, 112 read with Section 34 of Indian Penal Code, are before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
Heard the learned counsel for the parties.
On the complaint of Sri. Narayana Nayari dated 19.01.2023, FIR in Cr.No.12/2023 was registered by Bainduru police initially, for the offences punishable under Sections 307, 109 read with Section 34 of IPC against Shivashankara Nayari and others. The petitioners herein were arrayed as accused Nos. 3 and 4 respectively, in the FIR. The injured Vijayalakshmi subsequently died in the hospital while undergoing treatment on 31.01.2023. After her death, Section 302 of IPC has been invoked as against the accused. Investigation is completed and charge sheet has been filed. Apprehending arrest in the said case, the petitioners had filed Crl. Mis. No.677/2023 before the Court of Addl. District and Sessions Judge, Udupi (sitting at Kundapura) which was dismissed on 11.10.2023. Therefore, the petitioners are before this Court
Learned counsel for the petitioners has reiterated the grounds urged in the petition and submits that the petitioners are ladies, aged about 54 and 52 respectively. Accused No.2 who is the elder sister of the petitioners has been granted regular bail by this Court in Crl.P.No.7438/2023 on 28.08.2023. The petitioners have no criminal antecedents and the only allegation against the petitioners in the charge sheet is that the petitioners along with accused No.2 had instigated accused No.1 to commit the murder of Vijayalakshmi and accordingly, prays to allow the petition.
Per contra, the learned HCGP has opposed the bail application.
A perusal of the chare sheet material would go to show that accused No.1-Shivashankara Nayari, husband of the deceased Vijayalakshmi suspected the chastity of his wife. He suspected that his wife-Vijayalakshmi had illicit relationship with one Kirthiraj who is the son of accused No.2. On 19.01.2023, when Vijayalakshmi was in temple, accused No.1 allegedly, brought petrol in plastic bottle, poured the same on his wife and lit fire. Smt. Vijayalakshmi who had sustained severe burn injuries was immediately shifted to the hospital and her statement was recorded in the hospital. Subsequently, she died on 31.01.2023. In her statement recorded in the hospital, she has stated that her husband Shivashankara Nayari-accused No.1 had poured petrol on her and lit fire. She had not made any allegations against accused Nos.2 to 4. The only allegation against the accused Nos.2 to 4 is that they had instigated accused No.1 to commit the murder of Vijayalakshmi. Their presence in the spot is not spoken in the charge sheet. Accused No.2-Smt. Lalitha has been granted regular bail by this Court in Crl.P.No.7438/2023 on 28.08.2023. The petitioners herein are the younger sisters of accused No.2 and they are aged about 54 and 52 respectively. Investigation is completed and charge sheet has been filed. The only allegation against the petitioners herein is that they along with accused No.2 had instigated accused No.1 to commit the crime. Under these circumstances, I am of the view that the petitioners have made out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioners shall be released in the event of their arrest in Crime No.12/2023 registered by Bainduru Police Station, Udupi, for the offences punishable under Sections 504, 498-A, 323, 302, 112 read with Section 34 of IPC, subject to the following conditions:
(1) Petitioners shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond in a sum of Rs.50,000/- [Rupees fifty thousand only] with a likesum surety.
(2) They shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner.
(3) They shall furnish their residential address/contact number and shall inform the Investigating Officer/Court regarding change in the address/contact number, if any.
(4) They shall be regular in attending the Court proceedings.