Thimmappa v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 306 of IPC, in Crime No.16 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the second petitioner is the wife of the deceased person, and their marriage took place three years ago. The first and third petitioners are the father-in-law and mother-in-law of the deceased. The defacto complainant is the only sister of the decease. The further allegation is that the defacto complainant had objected to the sale of their ancestral property, for which a dispute arose between the deceased person and his sister, due to which, the deceased got depressed and committed suicide. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are no way connected with the alleged offence as stated by the prosecution, since the sisters of the deceased person had objected to sell their

ancestral property, there is dispute between the deceased person and her sisters for the past two years and that the deceased got depression and committed suicide. He further submits that the petitioner had a misunderstanding with his wife and her family members and also abused him, as a result of which the deceased jumped into the well and there was a whatsapp message that led to the deceased person committing suicide. He further submits that the petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the deceased person and the second petitioner's marriage took place three years back, and she has no child. He further submits that the second petitioner is having an illegal affair and they have been supported by the family members, for which, he abused him and jumped into the well. He further submits that the R.D.O. Report has not been completed. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5.Taking into consideration the facts and the submissions made by both counsels and also taking note of the fact that the deceased person committed suicide by jumping into the well, it requires detailed investigation. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 10.04.2024 drl T.V.THAMILSELVI, J.

drl 10.04.2024