S Vishwajith Shetty, J
1. Accused in Crime No.250/2024 registered by Ramamurthynagar Police Station, Bengaluru City for the offences punishable under Sections 307 & 302 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.250/2024 was registered by Ramamurthynagar Police Station, Bengaluru City for the aforesaid offences against the petitioner herein on the basis of first information dated 10.05.2024 received from Vasanth Kumar, who is the brother-in-law of the petitioner. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 17.05.2024. Investigation in the case is complete and charge sheet has been filed.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.25483/2024 was dismissed on 03.06.2024. Therefore, she is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner, who is the mother of the deceased was suffering from depression after her husband had suffered huge loss in his business and it is in this background, the incident in question had taken place. He submits that even the petitioner attempted to commit suicide after the alleged incident on 10.05.2024. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition.
7. The material on record would go to show that, the petitioner is the wife of Dhandapani, who is the brother of the first informant herein. It appears that Dhandapani had lost more than a sum of Rs.1,80,000,00/-in his business and he was allegedly cheated by one Ajith. The petitioner allegedly informed her relatives that her husband had suffered loss in his business and therefore she intended to die. On 10.05.2024, the petitioner allegedly had throttled the neck of her children namely Gowtham and Anushkasri, who are aged about 13 and 11 years respectively. In the said incident, the daughter of the petitioner Anushkasri had died and her son Gowtham, who was shifted to hospital has survived. After throttling the neck of her children, the petitioner has injured herself on her neck and hands with a knife. Immediately, she was also taken to hospital and admitted for treatment. Investigation in the case is complete and charge sheet is filed. Considering the background in which the alleged incident has taken place on 10.05.2024 and also in view of proviso to Section 437(1) of Cr.P.C, I am of the opinion that the petitioner is entitled for the relief prayed for her.
8. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.250/2024 registered by Ramamurthynagar Police Station, Bengaluru City for the offences punishable under Sections 307 & 302 of IPC, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
