Bail - Mere addition of another charge after grant of bail does not justify the arrest of the accused unless he had misused the concession of bail.

1. Offence alleged is under sections 302/306 IPC. The petitioner was granted bail earlier under the provisions of section 167 (2) of the Code of Criminal Procedure.

2. Fir was registered on the statement of Smt. Swaran Chawla, mother of deceased Rinku Sahni, who was married to the petitioner on 12.7.1998. The informant stated that the deceased used to remain upset and on 13.4.2005, the petitioner told the informant to take away the deceased, otherwise she will be killed. On 15.4.2005, the informant received information that the deceased had died. According to her, she died on account of beatings and harassment.

3. Initially, case was registered under section 306 IPC, but after the petitioner was granted bail, section 302 IPC has been added and the petitioner is sought to be arrested on that ground.

4. Counsel for the petitioner submits that the petitioner is already on bail and is not alleged to have misused the concession of bail nor bail has been got cancelled and in the circumstances of the case, mere change of section after grant of bail does not justify the arrest of the petitioner unless the petitioner misused the concession of bail. It is also submitted that section 302 IPC is not attracted.

5. Without expressing any final opinion on merits, the petitioner is granted anticipatory bail till conclusion of investigation or three months whichever is later during which the petitioner will be free to apply for regular bail to the concerned court in accordance with law.

6. In the event of arrest, the petitioner will be released on bail on furnishing bail bonds to the satisfaction of the arresting officer within two weeks from today on the conditions that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; he will not interfere with the prosecution evidence directly or indirectly; he will not leave the country without the previous permission of the court; he will associate with the investigation as and when called by the police and that he will surrender the passport, if any. The petition is disposed of accordingly.