Kapil Sharma vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 71 of 2012 dated 8.4.2012 registered at Police Station West, Shimla, under Sections 306, 498-A, 34 IPC. It has been stated that the allegations against the petitioner are that petitioner, his parents, elder brother and sister abetted the suicide committed by Mamta Sharma wife of the petitioner on 8.4.2012 on account of acts of cruelty inflicted upon her.

It has been stated that allegations against the petitioner are false, the petitioner never maltreated the deceased. The deceased was not willing to live with the petitioner, she was in the habit of leaving the matrimonial home on one pretext or the other. The efforts made by the petitioner and other family members to prevail upon the deceased proved futile.

The petitioner had filed bail application which has been dismissed by the learned Sessions Judge, Shimla on 21.5.2012. The petitioner is having one son aged about 3 years and there is no other person in the family to look after him. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 8.4.2012 Pradeep Sharma informed the police that after killing his niece the in-laws of his niece hanged the body of the deceased on a tree. The police reached the spot and the statement of complainant was recorded u/s 154 Cr.P.C. The complainant has stated that on 8.4.2012 at about 1.40 p.m. he received a telephonic call from his brother Hardev Sharma that his niece Mamta alias Monu had been murdered. The complainant alongwith others went to the house of in-laws of the deceased. The marriage of petitioner and deceased was performed on 28.11.2007. The in-laws of the deceased used to give beatings to the deceased. They demanded dowry from her. In February, 2012 the deceased was given beatings by her in-laws and at that time the deceased went to her mother. On the intervention of the Panchayat, the deceased went back to her in-laws. On this case has been registered.

The postmortem on the body of the deceased was got conducted. The accused were arrested on 8.4.2012. Satya Devi, Meera Sharma were released on bail on 25.4.2012 and Nek Ram and Durgesh Sharma were released on 3.5.2012. The petitioner is in judicial custody. The traces of Organo Phosphorus were found in the viscera of the deceased which indicates that some poison was given to the deceased or she might have been compelled to take poison. The investigation is in progress. The submission has been made for dismissing the bail application.

Heard and perused the record. The marriage between the petitioner and deceased took place on 28.11.2007. A son was born from wedlock, who is about 3 years of age. The complainant has alleged that the accused gave beatings to the deceased. They demanded dowry from her. They treated her with physical and mental cruelty. The traces of Organo Phosphorus were found in the viscera of the deceased. Initially the prosecution case is that the dead body of the deceased was found hanging on a tree. The finding of Organo Phosphorus in the viscera and hanging of the body of the deceased on a tree according to the learned Assistant Advocate General requires thorough investigation, which has not yet been completed. The complainant has stated that in February, 2012 the deceased was given beatings and on this deceased came to her mother but on the intervention of the Panchayat, she went back to her in laws.

The allegations against the petitioner are serious. The investigation in the case is in progress. In these circumstances, the petitioner is not entitled to bail at this stage. Hence, the bail petition is dismissed. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.