Petition filed under Section 438 Cr.P.C. 2. Petitioners are accused 1 and 2 in Crime No.135/2014 of Mankada Police Station registered for the offences under Sections 498 and 306 r/w Section 34 IPC.
3. The 1st petitioner married the daughter of the de facto complainant. The 2nd petitioner is the 1st petitioner's mother. The 1st petitioner's wife committed suicide on 27.4.2014 at her parents' residence. It is alleged by the prosecution that the petitioners had subjected her to cruelty both physical and mental demanding more dowry and for other reasons. The submission of the learned counsel for the petitioners is that the allegations are false. It is evident from the fact that within a reasonable time from the suicide of the victim no such allegation was raised.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The marriage of the 1st petitioner and the victim was solemnized about 2 ½ years ago. They have a child aged 1½ years. The was doing a PG course. It is seen from the statements of the father of the victim, which was recorded ten days after the commission of the suicide by the victim that there were domestic problems in the family of the 1st petitioner. It is alleged that the petitioners demanded more dowry from the victim's parents. The serious allegation against the petitioners is that in the course of a quarrel they asked the victim to go and die. Except this allegation, no other serious allegation has been raised against the petitioners. In view of the decision in Madan Mohan Singh Vs. State of Gujarat and Another (2010(8) SC 628) it is doubtful whether this statement alone will be sufficient to attract the offence of Section 306 IPC. Having regard to facts disclosed in the statements recorded by the police Section 161 Cr.P.C, I am of the opinion that granting anticipatory bail to the petitioners will not adversely affect the investigation.
In the result, this Bail application is allowed with the following conditions:
1) The petitioners shall be released on bail on their executing a bond for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.
2) The 1st petitioner shall appear before the Investigating Officer between 10.30 a.m and 11.30 a.m on every 1st and 3rd Saturdays for three months or till the final report is filed, whichever is earlier.
3) The 2nd petitioner shall appear before the Investigating Officer between 10.30 a.m and 11.30 a.m on the last Saturday of this month and the 2nd Saturday of the next month.
4) They shall not destroy or tamper with evidence.
5) The petitioners shall not intimidate or attempt to influence the witnesses.
This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm