Satyanarayan vs State Of Madhya Pradesh

This is first bail application made by the accused/applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.176/2019 registered at Police Station - Manasa, District Neemuch for the offence said to have been committed under Section 306 of IPC.

As per prosecution story, deceased Champa Bai W/o of applicant committed suicide on 05.03.2019 by hanging herself. The deceased had a dispute with her husband Satyanarayan due to his illicit relations with the other women. She has disclosed this fact in the suicide note also. The marriage of the deceased with the applicant took place in 2004. The hand writing of the deceased was verified by the brother and sister of the deceased.

Shri N.J. Dave, learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he has not committed any office. No case for offence under Section 306 of IPC is made out. In support of his contention he has placed reliance over the judgement passed in the case of K.V. Prakash Babu Vs. State of Karnataka, reported in AIR 2016 SC 5430.

Learned Govt. Advocate opposes the bail application. The Only material against the applicant is that deceased committed suicide because of his illicit relation with other woman. The Apex Court in the case of K.V. Prakash Babu Vs. State of Karnataka (supra) has held as under:

"To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as mental cruelty which would attract mental cruelty for satisfying the ingredients of Section 306 IPC.

The seed of suspicion planted in mind brought the eventual tragedy. But such an event will not constitute the offence or establish the guilt of the accused-appellant under Section 306 of the IPC. Further it is made clear that if the husband gets involved in an extra-marital affair that may not in all circumstances invite conviction under Section 306 of the IPC but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments."

Having regard to the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused/petitioner on bail. Therefore, without commenting on merits of the case, the application is allowed.

Accordingly, the applicant Satyanarayan S/o Vasudev Ravat Meena is directed to be released be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be canceled.

Certified copy as per rules.