Mr Hari @ Pillai Hari Sasidharan Vs the State

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND PETITIONERS MAY BE GRANTED ANTICIPATORY BAIL IN CR.NO.428/2024 REGISTERED BY THE SARJAPURA P.S., ANEKAL SUB-DIVISION, BENGALURU DISTRICT, FOR THE ALLEGED OFFENCE PUNISHABLE U/S 85, 108 OF BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioners are before this Court praying to enlarge

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them on anticipatory bail in a case registered in Crime No.428/2024 of Sarjapura Police Station for offences punishable under Section 85, 108 of BNS, 2023.

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Heard both sides and perused the material on

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record.

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Brief facts of the prosecution case are that

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deceased Sneha Rajan is the only daughter of first informant. Her marriage was performed in the year 2015 with accused No.1. In their wedlock they have a son aged about 8 years. The deceased as well as accused No.1 were working in a IT Company in Bengaluru. They were living cordially. On 10.11.2024 at about 9.00 p.m., deceased telephoned to her father and complained to him that her husband and in-laws were subjecting her to ill-treatment and quarrelling with her for petty reasons and her husband used to come home drunk etc. On 11.11.2024 at about 1.00 p.m., complainant’s relative by name Manoj Kumar called the complainant over phone and informed that his daughter has been admitted at St.John’s Hospital. Immediately, he rushed to the hospital and saw the dead body of his daughter.

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It is contended by the learned counsel for petitioners that the deceased was suffering from anemia for which she was taking treatment in the hospital and due

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to her ill-health, on the previous day of her death, she vomited 3 to 4 times and on the next day she was found unconscious and therefore, petitioner No.1 immediately shifted her to one Spandana Hospital and from there to St.John’s Hospital, wherein the Doctor declared her brought dead. The learned counsel contended that the petitioners are innocent and they have not committed any offence as alleged.

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Learned High Court Government Pleader has contended that the investigation is still under progress and the final opinion regarding cause of death is not received. He contended that there is a prima facie case against the petitioners and therefore, they are not entitled for the relief of anticipatory bail.

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A perusal of the complaint averments goes to show that the marriage of deceased with accused No.1 took place about 9 years prior to the date of incident. It is stated that they were living cordially. Allegations are that on the previous day of incident, deceased telephoned to

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her father complaining him about the ill-treatment given by the petitioner. It is alleged that the petitioner was quarrelling with her for petty reasons saying that she is not doing the household work properly etc. It is also stated that her husband used to come home drunk and quarrel with her etc.

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Investigation is in progress. The cause of death

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is yet to be ascertained. Hence, accused No.1 is not entitled for bail at this stage. Accused Nos.2 and 3 are aged persons. They are the parents of accused No.1. Certain vague and omnibus allegations are made against them, that they used to quarrel with the deceased for petty reasons etc.

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In the facts and circumstances of the case, the

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relief sought by petitioner Nos.2 and 3 can be granted. Hence, the following:

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ORDER

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i. Petition is partly allowed.

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ii. Petition in respect of petitioner No.1/accused No.1 is dismissed.

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iii. Petition is allowed in respect of petitioner Nos.2 and 3/accused Nos.2 and 3, subject to following conditions:

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Petitioner Nos.2 and 3/accused Nos.2 and 3 shall be released in the event of their arrest in Crime No.428/2024 of Sarjapura Police Station, Bengaluru, subject to following conditions:

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a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with a surety for the likesum.

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b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number.

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