Omprakash M. R vs State Of Kerala

Gopinath P., J

This is an application for regular bail

Petitioners are the accused in Crime No.341/2023 of Kambalakkad Police Station, Wayanad District, alleging the commission of offences under Sections 323, 498A, 304B, 306 r/w Section 34 of the Indian Penal Code.

The first petitioner was married to one C.V.Dharshana. It is alleged that the first petitioner/first accused along with the second petitioner/second accused (who is the father of the first accused) continuously harassed the aforesaid Dharshana, both mentally and physically and in the month of July 2023, the aforesaid Dharshana committed suicide along with her five year old child. It is alleged that the Dharshana was also carrying at the time when she committed suicide.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that even a reading of the complaint filed by the aforesaid Dharshana in the year 2022 would indicate that apart from the allegation that the petitioners had verbally abused her several times and was not allowing her to visit her house as per her wishes, there is no allegation to attract any of the offences now alleged against the petitioners. It is submitted that the aforesaid Dharshana had taken treatment at the MIMS Hospital, Kozhikkode for psychological issues and that she might have had sucidial tendencies. It is submitted that the petitioners are in no way responsible for the death of the aforesaid Dharshana. It is submitted that the petitioners have been in custody for the past 81 days and the continued detention of the petitioners is not necessary for the purposes of completing the investigation into the crime registered against the petitioners.

The learned Senior Public Prosecutor vehemently opposes the grant bail. He points that the allegations against the petitioners are extremely serious. It is submitted that there are materials which would show that after the marriage of the first petitioner with the deceased Dharshana, she was subjected to continuous harassment, both mental and physical leading to her death by suicide in the month of July, 2023. It is submitted that there are clear allegations against both the petitioners in the earlier complaint filed by the deceased Dharshana in the year 2022. It is submitted that there was no indication that the deceased Dharshana was suffering from any sort of mental illness or was having suicidal tendencies, though she had consulted a psychologist at the MIMS Hospital, Kozhikkode. It is submitted that in such circumstances, considering the fact that the action of the petitioners led to the death of the aforesaid Dharshana and her minor child aged five years, the petitioners cannot be granted bail at this point of time.

Having heard the learned counsel for the petitioners and the learned Senior Public Prosecutor, I am of the opinion that the petitioners can be granted bail subject to conditions.

They have completed 81 days in custody. The continued detention of the petitioners is not stated to be necessary for the purposes of investigation. The only circumstance pointed out against the petitioners is that, owing to the alleged harassment by the petitioners, the deceased Dharshana was driven to suicide and which also led to the death of the minor child of Dharshana, aged five years. While the allegations against the petitioners are serious, I am of the opinion that the continued detention is not necessary in the facts and circumstances of the case.

In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioners shall report before the Investigating officer in Crime No.341/2023 of Kambalakkad Police Station, Wayanad District, as and when summoned to do so;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the defacto complainant or any witness in Crime No.341/2023 of Kambalakkad Police Station, Wayanad District;

(iv) The petitioners shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating officer in Crime No.341/2023 of Kambalakkad Police Station, Wayanad District may file an application before the jurisdictional Court for cancellation of bail.