RAMESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 171/2013 of Kazhakuttom Police Station, the investigation of which is now being continued for offences punishable under section 498A and 306 IPC. He has filed the above application seeking his enlargement for bail under section 439 of the Code of Criminal Procedure, for short the Code. Uchitha, wife of petitioner, committed suicide by hanging at about 10.30 a.m. on 17.2.2013 in the bed room of her matrimonial home. She was then carrying with one month pregnancy. Initially the crime was registered over her unnatural death under section 174 of the Code of Criminal Procedure and, later, it is stated, the offence under sections 498A read with section 34 IPC was incorporated on allegation that her husband, his mother and another close relative harassed and inflicted cruelty on her to drive her to commit suicide. Further investigation, it is stated, led to proceeding against the petitioner as the sole accused for the offence punishable under section 498A and 306 IPC. He was arrested on 3.6.2013 and, on production before the Magistrate, was remanded to judicial custody, which still continues.

(2.) Petitioner is stated to be a gulf returnee and on his return employed as a Carpenter. His marriage with Uchitha was outcome of a love affair. Since they belonged to different communities and, further, the girl was educated having a M.Phil degree, there were some differences of opinion over the marriage by their families. On the fateful day, in the morning Uchitha went over to a temple and soon after her return she committed suicide. Petitioner, it is alleged, had taken exception to her going to temple and that led to her committing suicide is the allegation to proceed against him for the offence stated supra. Learned counsel for petitioner submits that after she conceived she visited an astrologer and, then, he informed her that the child will have some deformity. That disturbed her a lot and, finally, that drove her to commit suicide, is the submission of counsel. Petitioner has no role in the suicide committed by wife and he is prepared to abide by any condition for his release on bail is the further submission of the counsel. Investigation is still continuing and witnesses connected with the crime are close relatives of petitioner and also victim, is the submission of learned Public Prosecutor to contend that his release at this stage will not be conducive to justice. In case petitioner is released on bail adequate conditions be imposed to safeguard the investigation of crime is the further submission of learned Public Prosecutor.

(3.) After hearing the submissions made counsel on both sides and having regard to the facts and circumstances presented in the case, I find continued detention of petitioner is not essential for smooth completion of investigation of the crime. Period of detention already undergone has necessarily to be taken into account in considering his entitlement for bail. Petitioner can be released on bail at this stage imposing adequate conditions safeguarding the investigation of the crime. Petitioner is directed to be released on bail subject to satisfaction of the following conditions.