Judgment:
1. Apprehending his arrest by Beechanahalli Police in Mysore District in connection with case in Crime No.47/11 registered for the offences punishable under Sections 498-A and 306 IPC, the petitioner has presented this petition under Section 438 Cr.P.C. seeking relief of anticipatory bail.
2. The petitioner is the husband of deceased Vanajakshi. According to the case of the prosecution, the petitioner being husband of the deceased was subjecting her to cruelty and harassment and he was physically as well as mentally harassing her under intoxication of liquor and unable to bear the same, the deceased in a bid to commit suicide, poured kerosene on herself at about 7.00 p.m. on 15.4.2011 and set herself on fire as a result of which she sustained bum injuries. While she was taking treatment in the hospital, her brother lodged a report based on which initially case came to be registered for the offence under Section 498-A IPC. While she was taking treatment in the hospital, her dying declaration was recorded by the Tahsildar, Mysore Taluk between 4.40 p.m. and 5.10 p.m. on 18.4.2011. Subsequently she succumbed to the injuries on 19.4.2011. Upon receipt of the death memo, offence under Section 306 IPC was added. On coming to know of the registration of the case, the petitioner presented petition under Section 438 Cr.P.C. before the learned Sessions Judge seeking relief of anticipatory bail However, the said petition came to be rejected. Therefore, the petitioner is before this Court.
3. The petition is opposed by the respondent - State.
4. I have heard both sides. Perused the records made available.
5. Admittedly, the petitioner has been arraigned as accused in the case registered by the respondent-Police for non-bailable offences. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded. Perusal of the statement of the deceased said to have been recorded by the Tahsildar would prima facie indicate that for about 5 years prior to the date of the incident, the petitioner used to come home fully drunk and was subjecting her to mental and physical cruelty and that at about 7.00 p.m. on 15.4.2011, he quarreled with her severely and when she said that she would die, he endorsed the same and therefore she doused herself with kerosene and set herself on fire. According to her statement, the petitioner tried to put off the fire. The materials on record prima facie indicate that the petitioner also had sustained severe injuries to which he took treatment as inpatient. Having regard to the facts and circumstances of the case and the statement of the deceased, at this stage, there are no reasonable grounds to believe that the petitioner is guilty of the offence punishable under Section 306 IPC. In view of the above discussion, the petitioner is entitled for relief of anticipatory bail.
6. In the result, the petition is allowed. The respondent- Police are directed to release the petitioner herein on bail, in the event of his arrest in connection with Crime No.47/11 of Beechanahalli Police Station, Mysore on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like-sum to the satisfaction of the Investigating Officer and also subject to further conditions that:
i) Upon such arrest and release, the petitioner shall appear before the Investigating Officer as and when so required and co-operate in the investigation of the case;
ii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner and
iii) he shall not leave the jurisdiction of the Court of Sessions without express permission thereof.