Kamlesh v. The State and Anr.

1. The present application under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeks grant of anticipatory in case FIR NO. 277/2022, registered at PS Najafgarh on 22.05.2022, for offences under Sections 498A/304B/34 of the Indian Penal Code, 1860 (‘IPC’).

2. The brief facts of the present case, as stated in the status report dated 13.01.2023, authored by SHO, PS Najafgarh, are as follows: i. On 21.05.2022, information was received at PS Najafgarh regarding suicide of a woman. On reaching the spot, the body of a woman was found lying on the ground with one part of chunni/dupatta wrapped around her neck and other part hanging on the doorframe. ii. It is alleged that one, Gaurav who was present at the spot informed that the deceased was his wife and had hung herself and on seeing the same, he cut off the chunni in order to get her off from the doorframe. Since the death was within seven years of marriage, SDM Najafgarh and Crime Team were informed about the incident. iii. Statements of parents of the deceased were recorded on 22.05.2022 by Tehsildaar, Najafgarh. In the said statement, the father of the deceased, i.e., Sh. Ishwar Kumar, alleged that the deceased married Gaurav on 15.03.2021, and ever since, Gaurav and his family were harassing his daughter/deceased for dowry. He further alleged that on her visit to her parental house, the deceased informed him that her mother-inlaw/present applicant instigated her sons, i.e., the husband of the deceased and his brother Bharat to beat her, and compel her to bring Rs. 10,00,000/- and undergo an abortion. It was further alleged that the brother-in-law of the deceased, i.e., the younger brother of her husband, Bharat, had ill-intentions for his daughter/deceased. iv. Consequently, FIR bearing number 277/2022 was registered at PS Najafgarh, under Sections 498A/304B/34 of the IPC. v. During investigation, two diaries allegedly written by the deceased were seized, wherein she had written about how she was harassed by her husband, mother-in-law/the present applicant and brother-in-law. Thereafter, husband and brother-in-law of the deceased were arrested. The present applicant absconded and therefore could not be arrested. vi. In the post-mortem report, the cause of death was stated as "asphyxia following ante mortem ligature hanging". vii. The father of the deceased, in his statement recorded under Section 161 of the CrPC alleged that his daughter/deceased was two months pregnant and was being pressurised to abort the child by her husband. He further alleged that on the day of the incident, around noon, the deceased had informed his wife that she was upset due to harassment by her husband and others. Deceased further informed that on the same morning, the accused persons quarrelled with her and taunted her. Thus, due to these reasons, the deceased has committed suicide. viii. During investigation, sister of the deceased was examined, who allegedly stated that on the day of incident, the deceased informed her as well that she had a quarrel with the accused persons, who had demanded Rs. 5,00,000/- from her. ix. Statement with regard to harassment of deceased due to which she committed suicide was further allegedly confirmed by the neighbours of the deceased during local inquiry.

3. Learned counsel for the applicant submits that the allegations levelled against the applicant are false and the deceased had suicidal tendencies as she was suffering from Bipolar Disorder. It is further submitted that complaints vide ICMS no. 81760102101203 and 81760102200102, were registered on 28.07.2021 and 25.01.2022, respectively, with regard to the deceased's mental condition, threats she posed to the family about causing harm to herself and implicating them in false cases of dowry and harassment. However, no action was taken by the concerned authorities.

4. It is further submitted that the deceased was undergoing treatment for the said medical condition and the applicant used to regularly take the former to the doctor for treatment. Relevant medical documents have been annexed with the petition as Annexure-E. It is further asserted that the father of the deceased filed a missing complaint of his daughter/deceased on 06.10.2021, in which he admitted that the latter was not mentally stable and was undergoing treatment for the same.

5. It is further urged that a perusal of the diary entries in the personal diary of the deceased, dated 09.07.2021 and 15.07.2021, filed by the Investigation Officer alongwith the chargesheet, nowhere discloses that she was subjected to cruelty, soon before her death or any demand was made by the applicant. It was also pointed out that prior to her death, the deceased did not file any complaint with any authority regarding the alleged harassment suffered by her at the hands of her husband and his family, including the present applicant.

6. It is further urged that the father of the deceased improvised his statement recorded under Section 161 CrPC from what was recorded earlier before the Tehsildaar. Father of the deceased, in his earlier statement alleged that the in-laws of his daughter used to demand Rs. 10,00,000/-, however, he later stated that he had already paid Rs. 5,00,000/-, out of the said amount. It is also asserted that the family of the deceased has made bald allegations against the applicant, and nowhere have they mentioned any specific details with regard to the alleged incident. It is submitted by the learned counsel for the applicant that the allegations levelled against the present applicant does not make out a case under Sections 304B or Section 498A of the IPC. It was submitted that the applicant has joined the investigation and is cooperating with the same.

7. Learned APP for the State, assisted by learned counsel for the complainant has vehemently opposed the present application on the ground that there are specific allegations of harassment against the present applicant, which has been reflected in the statement of the witnesses, as well as the personal diary of the deceased. It is further submitted that the complaints that were filed by the husband of the deceased were non-cognizable in nature and therefore, no action was taken.

8. Heard learned counsel for the parties.

9. It is pertinent to note that vide order dated 19.10.2022, the present applicant was granted interim protection by this Court, after which she is stated to have joined the investigation.

10. Primarily, it is the case of the prosecution that the deceased committed suicide because of the harassment that she faced at the hands of her husband and his family, demands of dowry and the pressure she faced to undergo an abortion. On a pointed query from this Court, it was stated that in the personal diary of the deceased, there were no specific entries any about incident where the husband of the deceased and members of his family including the applicant made demands for dowry.

11. The investigation in the present case is complete and the chargesheet qua Gaurav and Bharat - the husband and brother-in-law respectively of the deceased stands filed. No custodial interrogation is required qua the present applicant. No useful purpose will be served by sending the applicant to judicial custody.

12. In view of the facts and circumstances of the present case, the application for anticipatory bail is allowed.

13. In the event of her arrest in connection with the present FIR, the applicant is directed to be released forthwith, upon his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) alongwith one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Oficer, further subject to the following terms and conditions: i. The memo of parties shows that the applicant is residing at H.No. E- 58C, Maksudabad Colony, Najafgarh, New Delhi - 110043. In case of any change of address, the applicant is directed to inform the same to the learned Trial Court and the Investigating Officer. ii. The applicant shall not leave India without the prior permission of the learned Trial Court. iii. The applicant is directed to give all his mobile numbers to the Investigating Officer and keep them operational at all times. iv. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witnesses in any manner. v. The applicant shall join the investigation, as and when required by the Investigating Officer. vi. In case it is established that the applicant tried to tamper with the evidence, the bail granted to the applicant shall stand cancelled forthwith.

14. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case.

15. The application stands disposed of along with all the pending application(s), if any.