Karnataka High Court
Anushabai vs The State on 26 March, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH OF MARCH, 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRIMINAL PETITION NO.200103/2018
Between:
Anushabai
W/o Balaji @ Bhaskar More
Age: 42 years, R/o Valag
Tq: Degloor, Dist: Nanded
Maharastra State - 431717
... Petitioner
(By Sri Nandkishore Boob, Advocate)
And:
The State through Hokrana
Police Station, Now Represented
By the Addl. SPP
High Court of Karnataka
Bench at Kalaburagi
... Respondent
(By Sri P.S.Patil, HCGP)
This criminal petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.102/2016 of Hokrana Police Station for the offences
Punishable Under Sections 302, 201 R/w 34 of IPC in
S.C.No.131/2017, pending on the file of Addl. Dist. &
Sessions Court, Bidar.
2
This petition is coming on for orders this day, the
Court made the following:-
ORDER
Accused No.1 in S.C.No.131/2017 pending on the file of Sessions Court, Bidar, has come up in this petition seeking her enlargement on bail.
2. Admittedly, the proceedings in S.C.No.131/2017 is at the instance of complaint registered in Crime No.102/2016 by Hokrana police, within the jurisdiction of JMFC, Aurad. The offence alleged against unknown lady is offence punishable under Section 318 of Cr.P.C.
3. The complaint is by a third party who is totally unconnected to the incident. According to him he noticed a dead body of male child which was of one or two days as on the date of its death. The police after investigation had identified that the said body was the child of one Sonabai-accused No.2. She is said to be a divorcee and daughter of petitioner herein. 3
4. The prosecution story is that Sonabai though was married was abandoned by her husband. While she was living in her parental house she developed an illicit relation with one Bhaskar resulting in getting pregnant and thereafter delivered a male child. There are several theories, which are on record based on the statements of various persons. One of that is the child which was born to Sonabai was taken away by her father and it is done to death. Subsequently in another statement it is stated that Sonabai's mother who is petitioner herein is responsible for the death of child. The sum and substance is that the petitioner's daughter Sonabai who is accused No.2 in S.C.No.131/2017 is the mother of deceased child and accused No.1 is the mother of accused No.2.
5. As could be seen from the record, there was some discard between the 2nd accused and her husband, which has resulted in divorce being granted in 4 favour of the 2nd accused, with a condition that he shall pay Rs.7,25,000/- towards permanent alimony to the 2nd accused. The said amount is stated to be received by accused No.2-Sonabai's father, who is also the husband of the petitioner herein.
6. One line of prosecution story would indicate that accused No.1-Anushabai's husband with an intention to appropriate the money which was given to his daughter by way of permanent alimony by her husband to himself, has implicated both mother and daughter as murderers of minor child. The other theory is that to save the dignity of the family the petitioner herein has taken drastic step of murder of child.
7. In any event there is no clear indication of who could be the person who has committed such heinous crime and the charge sheet is also very vague. When there is a theory which indicates that the father of accused No.2 who is also husband of accused No.1 5 would be the person who is having motive to implicate his wife and daughter to save Rs.7,25,000/- is given as maintenance the same should not have been overlooked by the police.
8. In the fact situation, this Court is of the opinion that keeping the petitioner in custody may not serve any purpose and would not be in the interest of prosecution.
9. In that view of the matter, petition is allowed and petitioner is ordered to be enlarged on bail forthwith subject to the following conditions.
1) Petitioner shall be released on bail on executing a personal bond in a sum of Rs.1,00,000/- with one surety, for the likesum to the satisfaction of the learned Sessions Judge/JMFC.
2) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.6
3) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
4) Petitioner shall not involve in any criminal activities.
5) Petitioner shall attend the Sessions Court regularly on all dates of hearing and shall co-
operate with the prosecution in conducting of the trial.
Though this petition is disposed of, the same is ordered to be listed next week for further orders. In the meanwhile, SP, Bidar is directed to be present before this Court.
Sd/-
JUDGE sdu