VISHNU SHARMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 Cr.P.C.

(2.) The petitioner is the sole accused involved in Crime No.1181 of 2018 of Kottarakkara Police Station registered for the offence punishable under Section 306 IPC. The allegation of the prosecution was that the de facto complainant, a lady namely, Jayasree, aged 52 years, who is none other than wife of the petitioner had committed suicide on 16.5.2018 in between 9 a.m and 1 p.m. and the said act was instigated by the petitioner. The crime in question was registered based on the aforesaid allegation. The petitioner is of apprehension that he would be arrested in the crime and harrased by the Kottarakara Police and accordingly, this application is moved seeking for a direction to the investigating officer to set him free in the event of his arrest.

(3.) The learned Public Prosecutor vehemently opposed the bail application. The case diary is also made available. From the materials in the case diary it was revealed that the body of Jayasree was found hanged at her parental home on 16.5.2018 by her daughter Amritha at about 1 p.m. The crime was originally registered under Section 174 Cr.P.C for unnatural death. Thereafter the inquest on the body of the deceased was held. The statements of relatives and members of the locality were taken during the course of inquest. It has come out from their statements that the lady who had committed suicide and her husband were not in good terms. According to their versions, there occurred frequent quarrels among them in connection with the spendthrift nature of the lady. The investigation was pursued with and it was found that a complaint was lodged by the lady before the Kottarakara Police at 10 a.m on 16.5.2018. The complaint was seized from the police station and when the witnesses were questioned, the daughter of the deceased, Amritha had stated to the police that the complaint was handed over by the deceased to her in the morning on the day itself and directed her to lodge the same at Kottarakara Police Station. According to her, she had lodged the complaint at the Police Station as directed.