Lokeshwari @ Asha vs State

K.N. Keshavanarayana, J.—Petitioner is the wife of deceased Chandrashekarmurthy who stated to have committed suicide at about 6.30 p.m. on 16.4.2011 in the house where he was residing along with the Petitioner. On the report submitted to the police about the unnatural death of the deceased, the police registered UDR No. 21/11 u/s 174 of Code of Criminal Procedure and took up investigation. During investigation, the Investigating Officer held inquest over the dead body and thereafter the dead body was subjected to post mortem examination. The Doctor who conducted the post mortem examination opined that the death was due to asphyxia as a result of hanging. Thereafter, the brother of the deceased by name Lokesh lodged a report on 17.4.2011 at about 3.30 p.m. to the effect that the Petitioner herein being the wife of the deceased had subjected the deceased to mental cruelty by lodging false complaints before the police repeatedly and she was also subjecting him to physical cruelty by assaulting him even on public roads and there were several panchayaths in this regard. On account of these willful acts on the part of the Petitioner, the deceased, unable to bear the insult and humiliation committed suicide by hanging. On the basis of such report, the police registered the case in Crime No. 235/11 for the offence punishable u/s 306 IPC initially against this Petitioner. During investigation, according to the prosecution, the complicity of the mother and brother of this Petitioner was also revealed. Therefore, they were also arraigned as accused Nos. 2 and 3. The Petitioner was apprehended during investigation and subjected to judicial custody. As her prayer made for bail before the learned Sessions Judge came to be rejected, she is before this Court seeking relief of bail.

The petition is opposed by the Respondent State.

I have heard the learned Counsel appearing on both sides. Perused the records made available.

The learned Counsel for the Petitioner submitted as under:

that the marriage of the Petitioner with the deceased was solemnized on 10.12.2010; that after the marriage while she was staying with the deceased in her matrimonial home, she was subjected to mental and physical cruelty by the deceased and in this regard the Petitioner had lodged several complaints with the jurisdictional police, that when the deceased was summoned by the police, he gave an undertaking before the police not to repeat such acts; that even 2 days prior to the commission of suicide by the deceased, a complaint had been lodged by the Petitioner herein in respect of which the deceased had given an undertaking before the police that he would not repeat any acts of cruelty on the Petitioner and therefore in the background of these materials, there are no reasonable grounds to believe that this Petitioner in any way abetted commission of suicide by her husband attracting provisions of Section 306 of IPC.

In the light of the submissions made by the learned Counsel for the Petitioner, I have perused the records produced along with this petition which prima facie indicate that this Petitioner had gone on repeatedly filing complaints before the police complaining that her husband is subjecting her to mental and physical cruelty. It is also her say that on account of physical torture and assault, she aborted two months foetus. According to this Petitioner, in her complaint to the police, the deceased had suspected her fidelity stating that she had become pregnant even prior to the marriage. Materials produced also indicate that two days prior to the deceased committing suicide, the Petitioner had lodged a complaint before the police and the deceased had been summoned to the police and he had given an undertaking to the effect that he will not repeated acts of cruelty on the Petitioner. At this stage, the materials on record prima facie indicate that the death of the deceased was suicidal. Regard being had to the fact that this Petitioner right from the date of the marriage had lodged several complaints against the Petitioner, complaining the acts of mental and physical cruelty on her, at this stage, this Court is of the considered opinion that there are no reasonable grounds to believe that the Petitioner abetted commission of suicide by her husband. Therefore, at this stage, there are no reasonable grounds to believe that the Petitioner is guilty of the offence punishable u/s 306 IPC. In this view of the matter, the Petitioner is entitled to be enlarged on bail.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in connection with Crime No. 235/11, subject to the following conditions:

(i) The Petitioner shall execute a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the learned Magistrate;

(ii) She shall not intimidate or tamper with the prosecution witnesses in any manner;

(iii) She shall appear on all hearing dates before the court without fail;

(vi) She shall mark her attendance with the Investigating Officer on every 15th of each calendar month, between 10.00 a.m. and 5.00 p.m. till filing of the final report.