Jutthada Buchhayya And Others vs Assistant Commissioner Of Police And Others

G.Chandrasekharan, J

The petitioners, who were arrested and remanded to judicial custody on 03.06.2023 for the offences punishable under Section 174 (3) of Cr.P.C., later altered to 174 (3) Cr.P.C. @ Section 306 of I.P.C. in Crime No.245 of 2022 on the file of the respondent police, seek bail.

2.The learned counsel for the petitioners submitted that the marriage between the deceased and the first accused had taken place on 30.06.2018. First accused is working as commander in National Security Guard. After marriage, the deceased was living with her husband in Gurgaon. On 08.01.2022, she visited Srikakulam, Andhrapradesh, for celebrating Pongal festival. It is alleged by the learned counsel for the petitioners that she had developed illicit relationship with one Baskar. When it was known to her husband, there had been issues with her husband and in laws. She came to Chennai on 28.12.2022 and stayed with defacto-complainant's elder daughter Reshma. On 30.12.2022, she left Reshma's house and went to defacto-complainant's house and committed suicide by hanging. Accused have no role in the commission of the suicide by the deceased Nivetha. Therefore, alteration of First Information Report for the offence under Section 306 I.P.C against the accused is not correct. Thus, he prays for grant of bail to the petitioners.

3.In response, the learned Government Advocate (Criminal Side) submitted that deceased had left suicide note, wherein, she alleged mental and physical torture by accused Shankar, his parents, his sister and brother. She also held them responsible if anything occurred to her. Investigation in this case is pending. Out of six accused, four accused had been arrested and remanded to judicial custody. A1 and A6 are still absconding.

4.Considered the rival submissions and perused the records.

5.It is seen from the First Information Report allegations, submission of learned counsel for the petitioners and suicide note, that all is not well with the marital life between the first accused and the deceased. What is to be seen is that, the deceased had visited her sister's house because of her marital discord with her husband and stayed with her elder sister from 28.12.2022 till 30.12.2022. Thereafter, she left the house of her sister Reshma to her mother's house and committed suicide by hanging. As of now, there is no material produced before this Court to show that any of the accused had abated her to commit suicide just prior to her suicide. The allegations made in the suicide note are generalised allegations which are common in all the matrimonial cases. Considering the duration of custody of the petitioners and that substantial part of the investigation might have been concluded by this time, this Court is inclined to grant bail to the petitioners with conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent Police daily at 10.30.a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.