Indramma and Guruswamy vs State

K.N. Keshavanarayana, J.—Apprehending their arrest by Tavarekere Police in connection with case in Crime No. 298/13 for the Non-Bailable offences punishable under Sections 498-A, 302, 304(B) r/w Section 34 of Indian Penal Code, petitioners arrayed as accused Nos. 2 and 3 have sought for relief of Anticipatory Bail inter alia contending that they are innocent persons and they have not committed any of the offences alleged and they have been falsely implicated in the case and they have reasonable apprehension of their arrest by the respondent-police. Petition is opposed by respondent-State.

I have heard learned counsel appearing on both the sides and perused the records made available.

One Sowmya alias Komala, daughter of Vijay Kumar A.B., is the deceased in this case. She was married to accused No. 1-Virupakasha, who is the son of the petitioners. Petitioners are the parents-in-law of the deceased Sowmya. The said Sowmya while in her parental home, committed suicide by hanging between 9.30 p.m. and 11.30 p.m., on 01.05.2013. In connection with the suicidal death, father of the deceased filed a report before the jurisdictional police, based on which case in Crime No. 298/13 came to be registered and investigation was taken up. In the FIR, petitioners have been shown as accused Nos. 2 and 3. The allegation against these petitioners in the FIR are that they being the parents-in-law of the deceased, subjected the deceased to cruelty and harassment, in connection with the demand for dowry and unable to bear the cruelty meted out to her, she committed suicide, as such the death of the deceased was a dowry death within the meaning of Section 304B of Indian Penal Code.

Admittedly, the petitioners have been arraigned as accused in the aforesaid case registered by the respondent-police for non-bailable offences. Therefore, the apprehension of the petitioners that they are likely to be arrested in connection with the said case is well founded.

Having regard to the allegations made in the complaint and in view of the fact that the deceased committed suicide by hanging in her parental home, prima facie, the ingredients of the offences punishable u/s 302 of IPC is not attracted.

Reading of the allegations made in the complaint lodged by the father of the deceased, prima facie indicates that omnibus statements have been made to the effect that these petitioners as parents-in-law subjected the deceased to cruelty and harassment in relation to demand for dowry.

Learned counsel for the petitioners submitted that the deceased was suffering from some mental disorder and she was in depressed condition for which she was treated by psychiatric expert and Neurosurgeon in Spandana Nursing Home and it is in that background she appears to have committed suicide and that she was not subjected to any cruelty or harassment either physically or mentally. In support of this, a copy of the prescription issued by Spandana Nursing Home on 3.11.2012 is produced. The two medicines prescribed by the Doctor are S. Celepra 20mg and Arzu 15mg. The literature in respect of these tablets, copy of which is made available would indicate that they are the medicines generally used to treat schizophrenia or to treat other mood or psychiatric conditions such as paranoia, bipolar disorder (mania and hypomania) depression and irritability that are linked to autism.

Having regard to the facts and circumstances of the case and the materials produced at this stage, I am of the considered opinion that there are no reasonable grounds to believe that the petitioners are guilty of any of the offence punishable u/s 304B of Indian Penal Code. Therefore, the personal liberties of the petitioners are required to be protected. In this view of the matter, petition is allowed. The respondent-police are hereby directed to release petitioners 1 and 2 on bail, in the event of their arrest in connection with case in Crime No. 298/13 on each of them executing personal bonds for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer and subject to further conditions that:

i) Upon such arrest and release, the petitioners for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case.

ii) The petitioners shall not tamper or terrorise the prosecution witnesses in any manner.

iii) The petitioners shall not go out of the country without express permission thereof.