LOKESHWARI @ ASHA, W/O CHANDRASHEKAR Vs. STATE BY BIDADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) PETITIONER is the wife of deceased Chandrashekarmurthy who stated to have committed suicide at about 6.30 p.m. on 16.4.2011 in the house where he was residing along with the Petitioner. On the report submitted to the police about the unnatural death of the deceased, the police registered UDR No. 21/11 under Section 174 of Code of Criminal Procedure and took up investigation. During investigation, the Investigating Officer held inquest over the dead body and thereafter the dead body was subjected to post mortem examination. The Doctor who conducted the post mortem examination opined that the death was due to asphyxia as a result of hanging. Thereafter, the brother of the deceased by name Lokesh lodged a report on 17.4.2011 at about 3.30 p.m. to the effect that the Petitioner herein being the wife of the deceased had subjected the deceased to mental cruelty by lodging false complaints before the police repeatedly and she was also subjecting him to physical cruelty by assaulting him even on public roads and there were several panchayaths in this regard. On account of these willful acts on the part of the Petitioner, the deceased, unable to bear the insult and humiliation committed suicide by hanging. On the basis of such report, the police registered the case in Crime No. 235/11 for the offence punishable under Section 306 IPC initially against this Petitioner. During investigation, according to the prosecution, the complicity of the mother and brother of this Petitioner was also revealed. Therefore, they were also arraigned as accused Nos. 2 and 3. The Petitioner was apprehended during investigation and subjected to judicial custody. As her prayer made for bail before the learned Sessions Judge came to be rejected, she is before this Court seeking relief of bail.

(2.) THE petition is opposed by the Respondent State.

(3.) THE learned Counsel for the Petitioner submitted as under: that the marriage of the Petitioner with the deceased was solemnized on 10.12.2010; that after the marriage while she was staying with the deceased in her matrimonial home, she was subjected to mental and physical cruelty by the deceased and in this regard the Petitioner had lodged several complaints with the jurisdictional police, that when the deceased was summoned by the police, he gave an undertaking before the police not to repeat such acts; that even 2 days prior to the commission of suicide by the deceased, a complaint had been lodged by the Petitioner herein in respect of which the deceased had given an undertaking before the police that he would not repeat any acts of cruelty on the Petitioner and therefore in the background of these materials, there are no reasonable grounds to believe that this Petitioner in any way abetted commission of suicide by her husband attracting provisions of Section 306 of IPC.