Rakesh Kumar vs State of Himachal Pradesh

Dharam Chand Chaudhary, J.—This order will dispose of all the three petitions arising out of FIR No. 134 of 2014 registered under Sections 498-A and 306 of Indian Penal Code in Police Station, Sadar, Kullu.

Learned Additional Advocate General has placed on record the status report and Investigating Officer, PSI Oma Thakur of Police Station, Sadar, Kullu has produced the record.

Heard.

Accused Rakesh Kumar is the husband of deceased Meenakshi Sharma, whereas, accused-petitioner, Bansi Ram is her father-in-law and accused-petitioner, Champa Devi mother-in-law. Accused-petitioner, Rakesh Kumar is Head Constable (Medic) in the Indian-Tibet Border Police and is posted at Babeli in district Kullu. The deceased was married to accused-petitioner, Rakesh Kumar in the month of July, 2011.

The allegations against the accused-petitioners are that immediately after the marriage they started maltreating her at the pretext of dowry. She was allegedly being given beatings by the husband and also father-in-law and mother-in-law. A report was also lodged in this behalf in Gram Panchayat, Malog. The matter was amicably settled in the Gram Panchayat. The deceased was residing at Babeli in official accommodation allotted to her husband there. On 26th April, 2014, her husband was away to Sugar Point in district Lahaul & Spiti in connection with his duty leaving the deceased alone behind in the official accommodation. She committed suicide. The police of Police Station, Sadar, Kullu received an intimation in this behalf on 26th April, 2014 itself. The FIR was registered at the instance of her father, Prithvi Raj.

The investigation in the case is still in progress. The accused-petitioners have joined the investigation and there is no complaint in this behalf. The allegations that the deceased was being maltreated by the accused-petitioners at the pretext of dowry are correct or not, nothing can be said in this behalf at this stage. The fact, however, remains that neither the accused-petitioner Rakesh Kumar nor Bansi Ram or Champa Devi were present at the place of occurrence because Rakesh Kumar was away to Sugar Point in district Lahaul & Spiti in connection with his duty, whereas, the remaining two accused-petitioners, i.e. her father-in-law and mother-in-law were residing at their native place. The present, therefore, is not a case where it is on account of any immediate maltreatment, torture or beatings administered by either of the accused to the deceased, she committed suicide. The police may investigate the case further. The accused-petitioners are local residents of district Kangra and can reasonably be believed to have roots in the society. Therefore, there is no possibility of their fleeing away from justice or not available for the purpose of further interrogation. The present is also not a case where the custodial interrogation of the accused-petitioners is required. Their movements can otherwise be restricted by imposing suitable conditions while admitting them on bail.

For all the reasons hereinabove, all the three applications succeed and the same are accordingly allowed. Consequently, it is ordered that in the event of the arrest of the accused-petitioners in connection with the case registered against them vide FIR No. 130 of 2014 in Police Station Kullu, they shall be released on bail subject to their furnishing personal bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the Arresting Police Officer/Investigating Officer and shall abide by further conditions that:

They shall;

(a) make themselves available for the purpose of interrogation as and when required and shall co-operate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end;

(b) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

(d) not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioners misuse the liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail.

The observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone.

The applications stand accordingly disposed of.

Copy dasti.