Andhra Pradesh High Court - Amravati
I Ndira Bobbili vs The State Of A.P. on 4 December, 2019
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
1
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No. 7225 of 2019
ORDER :
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') to enlarge the petitioner on bail in the event of his arrest.
02. The petitioner is the sole accused in Crime No.49 of 2019 of Devarapalli Police Station, Visakhapatnam.
03. The alleged offences against the petitioner are under Section 307 and 328 of IPC.
04. It is the case of the prosecution that the petitioner herein, who is under frustration as her minor daughter aged about 2 years is suffering from serious ailments and because of poor economic condition of the petitioner in the society that she attempted to commit suicide by consuming poisonous substance and she has also administered poisonous substance to her minor daughter aged about 2 years and attempted to kill her and thereby she has committed the offences punishable under Sections 307 and 328 IPC.
05. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
06. Learned counsel for the petitioner would submit that the petitioner is under severe frustration on account of her poor economic condition and also on account of the serious ailments of her minor daughter aged about 2 years. Therefore, unable to 2 bear the said family conditions in her house that she has consumed poisonous substance and also administered the said poisonous substance to her minor daughter aged about 2 years and attempted to kill her. So, she has no intention to commit murder of her child and only out of frustration, she resorted to the said act and thereby prayed for grant of anticipatory bail.
07. Learned Public Prosecutor opposed the criminal petition. He would submit that the investigation in this case is still pending and as it is a case where poisonous substance was administered by the mother to the minor girl aged about 2 years, having regard to the gravity of the offence, he prayed for dismissal of the petition stating that it is not a fit case to grant anticipatory bail to the petitioner.
08. Perused the record.
09. As can be seen from the record, it is a case where the petitioner herein being the mother has administered poisonous substance to her minor daughter aged about 2 years with an intention to kill her. Although it is contended by the learned counsel for the petitioner that she has no intention to kill her daughter and she only got knowledge that if the said poisonous substance is administered that her minor daughter would die, and she is not guilty of committing offences under Sections 307 and 328 IPC, this Court finds no merit in the said contention. He would further submit that on account of frustration due to poor economic condition and serious ill health of her minor daughter that she resorted to the said act and she has no mens 3 rea in killing the daughter and thereby prayed for grant of anticipatory bail, this Court is unable to accede to the said contention. When the petitioner has administered poisonous substance to her minor daughter, the intention to kill is apparent from the said fact. So, it cannot be said that she has no intention to kill the minor girl. As regards her poor economic condition, and frustration of the petitioner is concerned, it is not a valid defence. Even if she is in any such frustration on account of her poor economic condition and the health condition of her daughter, she cannot make a venture to take away the life of her minor daughter. She has no right to take away the life of her daughter. Therefore, in view of the gravity of the offence and as the investigation is pending, this Court is of the considered view that this is not a fit case to grant anticipatory bail to the petitioner.
10. In the result, the Criminal Petition is dismissed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Dt.04-12-2019 eha 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Petition No. 7225 of 2019 DT. 04-12-2019 eha