Harikrishnan K vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused in Crime No.137/CB/EKM/R/2022 of Hill Palace Police Station, Ernakulam District. The offences alleged are punishable under Sections 498 and 306 of the IPC.

The prosecution case, in short, is as follows: The applicant married the victim on 15/05/2014, and two children were born in the said wedlock. Due to the harassment of the applicant, his wife committed suicide by hanging at the house of the applicant, which is the matrimonial home. According to the prosecution, the victim committed suicide following the dowry demand made by the applicant.

I have heard Sri.K.K.Dheerendrakrishnan, the learned counsel for the applicant and Sri.C.S.Hritwik, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

Immediately after the death of victim, an FIR was lodged by Hill Palace Police Station, Ernakulam, under Section 174 of Cr.P.C. After conducting enquiry, a final report was filed stating that it is a natural death. Further action was dropped. The said report was filed after seven months after the incident. Thereafter, the father of the deceased filed an original petition before the Family Court against the applicant claiming custody of the children and also for the return of gold ornaments. It appears that thereafter, the father of the victim approached this Court and filed a writ petition seeking further investigation into the crime. This Court ordered further investigation. It was thereafter the crime was registered incorporating Sections 498A and 304B of the IPC. It is true that the death took place within seven years of the marriage, and hence, the presumption under Section 113(b) of the Evidence Act would follow. However, in order to attract Section 304B of the IPC, it must be shown that soon before death, the wife was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowry. A statement of the maid of the house where the applicant and the deceased stayed was pressed into service by the prosecution to substantiate that there was harassment on the part of the applicant. The learned counsel for the applicant made available to me a copy of the said statement. In the said statement she had stated that there was quarrel between the applicant and the deceased and even the applicant used to torture her. But there is no allegation that the said act was done for or in connection with any demand for dowry. No other materials have been collected by the investigating officer so far against the applicant to connect him with the alleged offence.

The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.