Vimalabai vs The State

Mohan Shantanagoudar, J.—Petitioner is one of the accused in Crime No. 77/2012 of Women's Police Station, Gulbarga registered for the offences punishable under Sections 498-A, 304-B, 302 .r/w. Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act. During the course of the investigation, certain statements are recorded. Statements so recorded, reveal that the deceased set herself ablaze, as she could not tolerate the ill-treatment. Thus, the case may not fall u/s 302 of IPC.

Two of the accused namely, accused Nos. 4 and 5 are released on bail by the Sessions Court on the ground that they are not residing along with the deceased. However, the application filed by the petitioner and other accused was dismissed since prima facie material is found against them.

Petitioner is a lady aged about 65 years. Investigation is going on. There is nothing to recover from the petitioner Even if the petitioner is arrested, the same will not help the prosecution. However, the petitioner has to be put on terms by directing her not to tamper the prosecution witnesses. Having regard to the fact that the petitioner is a lady aged about 65 years, this Court proposes to take lenient view.

Accordingly, the following order is made:

Petitioner shall surrender before the Investigating Officer within three weeks from today. On her surrender/arrest, she shall be released on bail subject to the following conditions

(1) Petitioner shall execute bond for a sum of Rs. 2,00,000/- (Rupees two lakhs only) with two solvent sureties for the like sum to the satisfaction of the learned trial Judge.

(2) Petitioner shall not tamper with the prosecution witnesses.

(3) Petitioner shall attend the Court regularly.

(4) Petitioner shall mark her attendance before the Investigating Officer on every Sunday between 10.00 AM and 2.00 PM.

Criminal petition is allowed accordingly.