Balwinder Kaur vs State of Haryana

Tejinder Singh Dhindsa, J.—This order shall dispose of the present petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail to the petitioner in case FIR No. 365 dated 28.11.2013, under Sections 306, 120B of the Indian Penal Code, registered at Police Station Parao, District Ambala. The allegations against the present petitioner are that she along with other co-accused after hatching a criminal conspiracy with each other, abetted the commission of suicide of deceased-ASI Karan Singh.

Learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case and rather she is a victim herself having been harassed and raped by deceased-ASI Karan Singh in the year 2012. Learned counsel submits that in spite of having submitted numerous complaints, no action was taken and it is only upon the intervention of the Commissioner of Police, Ambala and after a period of a year and a half that the police registered FIR No. 164 dated 27.11.2013 against their own Officer, namely, ASI Karan Singh (since deceased) under Sections 376(2), 506 of the Indian Penal Code at Police Station Barara, District Ambala. Learned counsel for the petitioner further submits that even as per the alleged suicide note left behind by the deceased, the assertion contained therein of the present petitioner having filed complaints cannot be construed towards abetment leading to the suicide of deceased-ASI Karan Singh, as the petitioner was merely taking resort to her vested legal remedies.

Per contra, learned State counsel has opposed the present bail petition by stating that deceased-ASI Karan Singh has left behind a suicide note in which name of the present petitioner prominently figures along with other co-accused. That apart, learned State counsel would even advert to the enquiry report dated 12.7.2012 submitted by Assistant Commissioner of Police, Barara, enquiry report dated 29.7.2013 submitted by the Assistant Commissioner of Police, Ambala Cantt. as also enquiry report dated 28.12.2012 furnished by the Assistant Commissioner of Police, Panchkula and appended as Annexures R2, R3 and R4 respectively along with the reply to contend that the complaints lodged by the petitioner raising allegations against deceased-ASI Karan Singh were found to be without substance.

Learned counsel for the parties have been heard.

Even though the enquiry reports at Annexures R2, R3 and R4 furnished by different police officials did not find any truth in the complaints lodged by the present petitioner yet there is no escape from the fact that FIR No. 164 dated 27.11.2013 was registered at Police Station Barara, Ambala under Sections 376(2), 506 of the Indian Penal Code against ASI Karan Singh, i.e. on a later date and subsequent to the enquiry proceedings noticed hereinabove. Deceased-ASI Karan Singh is stated to have committed suicide on 28.11.2013.

It is by now well settled that in a case of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. The Hon''ble Supreme Court in Chitresh Kumar Chopra Vs. State (Govt. of NCT of Delhi), had categorically observed that for offence u/s 306 of the Indian Penal Code to be made out, there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led to the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.

The issue as to whether an offence u/s 306 of the Indian Penal Code would be made out against the present petitioner would be a moot point to be adjudicated upon during the course of trial.

It has gone undisputed that the petitioner has been in custody since 28.11.2013. She is a lady with one minor son. It is not the case made out on behalf of the State that the petitioner if released on bail would be in a position to hamper the process of investigation.

In the totality of circumstances and without expressing any opinion on the merits of the case, this Court is of the considered view that the petitioner is entitled to the concession of bail. Petition is allowed.

Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ambala. Petition disposed of.