The petitioner has filed petition under Section

438 of Cr.P.C. seeking anticipatory bail in the event of

her arrest in Crime No.37/2022 of Jayapura P.S. in

registered for the offences punishable under Sections

323, 506 and 306 read with Section 149 of IPC.

The factual matrix leading to the case are

that the petitioner is legally wedded wife of the

deceased-Aravind. The complainant, who is the father

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of the deceased has lodged a complaint alleging that

the marriage between the petitioner and the deceased

was solemnized about 12 years back and they have

two children and ever since their marriage, the

petitioner used to go her parental house by quarrelling

with her husband. It is also alleged that on number of

occasions, she was taken back to her matrimonial

house by advising her and her family members. It is

further alleged that on 31.08.2022, the petitioner

quarreled with the deceased and assaulted him and

pulled him down from the cot and attempted to

throttled his neck. But, later on, she gave a false

complaint by making counter allegations against the

deceased and the complainant. In this regard, the

Police have summoned the parties and obtained an

undertaking from the complainant. It is further alleged

that on 04.09.2022 at about 4.00 p.m., the petitioner

went to the house of the deceased at Golihaklu

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Lokanathpura from her parental house situated at

Sringeri and took her belongings and while returning

so, she pushed her mother-in-law and gave threats to

the inmates of the house and being upset over these

developments, deceased committed suicide on same

night at 10.00 p.m. by jumping to the well located in

their garden land by leaving a suicide note. In this

regard, the complainant has lodged a complaint and

on the basis complaint, the Investigating Officer has

registered the crime. The petitioner has approached

the learned Sessions Judge seeking Anticipatory bail

apprehending her arrest. But, learned Sessions Judge

rejected her bail petition. However, he has granted

bail to the other accused. Hence, the petitioner is

before this Court.

3.

Heard the arguments advanced by the

learned counsel for the petitioner and learned High

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Court Government Pleader for the respondent-State.

Perused the records.

4.

It is evident from the records that the

deceased-Aravind was married to the petitioner about

12 years back and out of the said wedlock, two

children are born. All along it is alleged that the

petitioner used to quarrel with the deceased and she

used to harass him physically and mentally and lodged

a false counter complaint. The allegations thus

discloses that on 31.08.2022, a complaint was lodged

by the present petitioner wherein the complainant has

given

an

undertaking

before

the

Police.

On

04.09.2022, the deceased committed suicide when the

petitioner went along with her belongings to her

parental house and while returning she pushed her

mother-in-law and petitioner was upset. It is also the

case of the prosecution that the deceased also left a

death note. However, whether the act of the petitioner

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amounts to a abatement or instigation as defined

under Section 107 of IPC is required to be considered

during the course of the trial. Merely because the

deceased has left a death note by making some

allegations against the petitioner and others holding

them responsible for his death, it does not mean that

there is any abatement or instigation. The abatement

or instigation is required to be of a such nature that

the deceased must be driven to commit such an

offence and at this juncture, no such material is

forthcoming and records are disclosed that there are

allegations and counter allegations between the

husband and wife and they used to quarrel each

other.

5.

Looking into these aspects, I do not find

any impediment for admitting the petitioner on bail

and already she lost her husband and minor kids are

required to be taken care off. The other apprehension

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of HCGP can be meeted out by imposing ce