SK Court No.28
CRM 2884 of 2019
In the matter of: an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure affirmed on
05.03.2019 in connection with Uttarpara Police Station Case No.
798/2018 dated 01.11.2018 under
Sections 498A/326/307/34 of the Indian Penal Code and adding
Section 302 of the Indian Penal Code.
In Re: Sadhana Bhattacharya Petitioner.
Mr. Ayan Bhattacharya,
Mr. Kunal Ganguly ……For the Petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra … For the State.
It is submitted on behalf of the petitioner that charge-
sheet has been filed against her, inter alia, for the offence
punishable under Section 306 IPC instead of Section 302 IPC.
Hence, this Court may entertain her subsequent prayer for
anticipatory bail in view of the charges in the nature of
accusation, as aforesaid.
Learned Public Prosecutor appearing on behalf of the
State submits that a Co-ordinate Bench of this Court had taken
into consideration the possibility of suicide by the victim as a
probable cause of death while rejecting the prayer for
anticipatory bail of the petitioner.
We have considered the materials on record in the light of
the aforesaid submissions of the parties.
No doubt, alteration in the nature of accusation may be a
relevant ground for review of earlier order rejecting prayer to pre-
arrest bail in appropriate cases. However, in the factual matrix of
the case, we find that the Co-ordinate Bench while considering
the prayer for anticipatory bail of the petitioner has taken into
consideration the possibility of the victim committing suicide. As
the petitioner had not informed the parents of the victim of her
unnatural death, the said Bench had declined the prayer of pre-
arrest bail. Under such circumstances, we are of the opinion that
submission of charge-sheet against her for abetment of
commission of suicide under Section 306 of the Indian Penal
Code is not an accusation which was beyond the contemplation
of the Court while considering the earlier prayer for pre-arrest
bail. Accordingly, we are not inclined to review the earlier order
rejecting pre-arrest bail of the petitioner on this score.
We are, however informed that the petitioner is an elderly
lady suffering from various ailments. She is virtually immobile.
Under such circumstances, we observe in the event the petitioner
appears before the Court below and prays for regular bail within
a fortnight from date, the said Court shall consider her prayer for
bail in accordance with law bearing in mind the special privilege
available to a sick and elderly woman under the Section 437
CrPC without being swayed by the rejection of pre-arrest bail by
this Court which needless to mention, was turned down on
The application for anticipatory bail, is, accordingly
Urgent Photostat certified copy of this order, if applied for,
be supplied expeditiously after complying with all necessary legal
(Manojit Mandal, J.) (Joymalya Bagchi, J.)