Rajesh K. vs State

A.S. Pachhapure, J.—B.R. Shruti, the deceased had completed B. Com. degree and her marriage was performed with the Petitioner on 9/8/2009. It is alleged by the father of the deceased that at the time of marriage of deceased, gold ornaments like ring, bracelets, with an amount of Rs. 25,000/-, a long chain weighing 50 grams, earrings, ring weighing about 10 grams, a necklace were given as dowry. It is. the case of the complainant that, after the marriage, within a period of about 1 and 1/2 months, the Petitioner and his family members started insisting the deceased to bring an amount of Rs. 4,00,000/- from her parents for the purpose of purchasing a car. The complainant was not in a position to provide her the said amount. As he had incurred much amount at the time of her marriage, he was not in a position to make the payment. It is in these circumstances that the deceased was subjected to cruelty and harassment. It is stated that, the Petitioner used to drag the deceased holding her hairs and kick her, Further more, it is also evident from the cess of the prosecution that the Petitioner has an affair with one Smt. Harsha, a co-employee of the Petitioner and because of which, the deceased was very much subjected to depression. Under these circumstances, on 19/8/2010 the complainant received a phone call regarding the death of the deceased. When they went to the house of the deceased, she was found hanging to a ceiling fan by using of her Vail, Thereafter, the father of the deceased gave a complaint to the. police, ''which'' came be registered and during the course of investigation, the statement of two witnesses CW-8 Smt. Meghana and CW-5 Smt. Mahadevamma recorded and they also stated about the cruelty and harassment caused to the deceased at the hands of Petitioner and others. Apart from these witnesses, the father, mother and sister have also stated about the cruelty and the harassment. It is also the case of the prosecution that the deceased has left a suicide note, which has been secured by the police during the investigation from which also it is revealed that the Petitioner is responsible for the death of the deceased.

In these circumstances, learned Counsel for the Petitioner contends that though a complaint was filed ''against many persons, the name of Accused Krishna was deleted by the investigation authority, According to him, there is no prima facie material to bold that the Petitioner is responsible for the offences. He also claims that investigation is completed and charge-sheet has been filed. The presence of the Petitioner is not required for investigation. So also he submits that there will be delay in the trial of the case and there is no necessity to continue the custody of the Petitioner and therefore he prays for grant of bail. The learned Counsel for the Petitioner has also retted upon the decision reported in 2011 AIR SCW 306 State of Kerala v. Raneef. Wherein it is held that when there was no prima facie proof that the accused was involved in the crime, it is one of the grounds to grant bail.

It is contention of the learned HCGP, that there is prima facie material against the Petitioner, During the course of investigation the name of Accused Krishna was deleted and that it is not sufficient to hold that the Petitioner is an innocent person. So also there is statement of independent witnesses with regard to the cruelty and harassment for dowry, There is also material that Petitioner was having an affair with Smt. Harsha and use to call her on the mobile in the presence of deceased and thereby causing cruelty and harassment to the deceased as well. Prime facie looking to the suicide note, which has been produced, there appears sufficient material on record regarding the offences charged.

Though the learned Counsel submits that the hand writing and signature of the deceased on the suicide note had not been proved. The statement of the parents and sisters of the deceased reveal that they have seen the suicide note and identified the hand writing and signature of the deceased on the suicide note. In the suicide note, it is clearly mentioned that the Petitioner had an affair with Smt. Harsha and was speaking with her on mobile in the presence of deceased herself. In such circumstances, the deceased thought of ending her life and thereby committed suicide. The medical evidence also shows that the death of the deceased was due to asphyxia as a result of hanging, Taking into consideration, all these materials pressed into service by the prosecution, statement of witnesses, suicide note etc., I am of the opinion that, there is prima facie material against the Petitioner for the offences charged.

The Petitioner has been in custody since 16/8/2010 and the investigation is completed, and charge-sheet has been filed, it is at the stage of trial by the Sessions Court. In the circumstances, as the incident is of the year 2010, it cannot be said, that there will he delay in the conclusion of trial and appropriate directions can be given to the court below for the purpose of expediting the trial.

A perusal of the material placed on record disclose that the Petitioner has every possibility of threatening the witnesses end thereby interfere in the smooth trial. Taking into consideration all these factors it is not a fit case to grant bail.

Under the circumstances the petition is dismissed. The jurisdictional magistrate is directed to commit the case before the Sessions Court end the Sessions Court shall after the receipt of the charge-sheet, expedite the trial and complete the proceedings at an early point of time.