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Judgment
The petitioner herein is the 1st accused in Crime No.224 of 2017 of the Bekal Police Station registered under Sections 498A and 306 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate-II, Hosdurg on 18.8.2017 The petitioner has been in judicial custody since 18.8.2017.
This crime relates to the commission of suicide by the petitioner's wife Preena. She was married by the petitioner on 21.4.2015 and she committed suicide on
10.4.2017. The prosecution would allege that she had been mentally and physically ill-treated by her husband and the parents-in-law, and Preena committed suicide when she felt the acts of cruelty unbearable.
On a perusal of the entire materials including the statements given by the parents of the deceased, I find nothing definite against the petitioner. The F.I Statement given by the paternal uncle of the deceased does not contain any allegation against the petitioner or his parents.
It appears that the prosecution is mainly on the statements given by the parents of the deceased. Their statements are also practically against the parents-in-law of the deceased, and not against the husband of the deceased. The parents of the deceased are consistent that she was not allowed by her parents-in-law to live at the matrimonial home peacefully and happily. If at all that statement is true and acceptable, the prosecution case must be against the parents-in-law, and not against the husband.
This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.
On hearing both sides, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in custody. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 50,000/-(Rupees Fifty thousand only) each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 am and 11 am on all Tuesdays for a period of two months.
b. The petitioner shall not leave the limits of the Bekal Police Station for two months.
c. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not have any contact with the material witnesses directly or over telephone or otherwise.