Kamlesh And Ritesh vs State Of Madhya Pradesh

Subodh Abhayankar, J

This is the applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as they are apprehending

their arrest in connection with Crime No.137/2022 registered at Police Station -Bhawarkua, District-Indore (MP) for offence punishable under

Sections under Sections 306, 34 of the IPC, 1860.

Allegation against the applicants is that the applicant No.1 is the real brother and the applicant No.2 is the step brother of the deceased Lokesh and it

is alleged that they along with his father used to harass the deceased Lokesh which led him to commit suicide on 13.12.2021 by hanging.

Counsel for the applicant has submitted that on account of Lokesh (deceased) ill treatment of his father and other family members he was expelled

from the house in the year 2017 and thereafter a paper publication has also been made in the year 2018 expelling him from his family and he was

living separately with his wife and children since last around five years and recently he has again started to interfere in the family affairs of the

applicants and was raising a property dispute. Counsel has submitted that although suicide note has been left by the deceased but that itself is not

sufficient to hold that the applicants have abated the aforesaid offence in the absence of any cogent material on record. Thus, it is submitted that the

application for anticipatory bail be allowed.

Counsel for the State, on the other hand, has opposed the prayer, however it is submitted that the deceased was residing separately since 2017 and as

the deceased has lost his job during the Covid times he wanted a roof in his father's house, which was denied as has been stated by the wife of the

deceased.

Having considered the rival submissions and on perusal of the case diary, in considered opinion of this Court, prima-facie, it appears that it is not a

case where abatement of suicide can be attributed to the present applicants. In such circumstances, the custodial interrogation of the applicants is not

necessary. Accordingly, without commenting on the merits of the case, this application for grant of anticipatory bail is allowed.

It is directed that in the event of arrest, applicants shall be released on bail, upon their executing a personal bond in the sum of Rs.25,000/- (rupees

twenty five thousand only) each and furnishing solvent surety in the like amount each to the satisfaction of the Arresting Officer (Investigating

Officer).

The applicants shall make themselves available for interrogation by a Police Officer, as and when required. They shall further abide by the other

conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy, as per rules.