BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.1 in the instant Crime No.284/2019 of Alathur Police Station, Palakkad, which has now been registered for offecnces punishable under Sections 306, 498A, 304B r/w. Sec.34 of the IPC . The subject crime was initially registered under Section 174 of Cr.P.C. on account of unnatural death/suicide committed by the lady victim in this case, who is none other than the wife of the petitioner. The Police, after investigation, has altered the offences to those as the aforesaid Sections. The petitioner herein and his lover have been arrayed as accused Nos.1 and 2.

(2.) The prosecution case in short is that the petitioner herein, aged 28 years is the husband of the lady victim in this case, aged 21 years and that during the subsistence of his marriage, the petitioner had developed amorous and illicit affair with A2, who is aged 40 years and that he had eloped with her. The deceased lady's father's version is that it is only on account of the petitioner herein (A1) is eloped with A2 that the victim has committed suicide. Further the learned Public Prosecutor would point out that the victim has left her death note, wherein she has stated that the reasons for committing suicide is on account of the incident that the petitioner has eloped with A2.

(3.) The learned counsel for the petitioner would point out that the above said allegations are false and baseless and further that there are no allegations to support the charges of Section 304B , as there is no allegation that the petitioner has demanded any dowry. Further the allegations of cruelty are also not made out as far as Section 498A of the IPC is concerned. The learned counsel for the petitioner has relied on various decisions of the Apex Court and this Court and has pointed out that none of the vital ingredients of the offence of abetment as per Section 107 of the IPC and the offence of abetment to commit suicide as per Section 307 of the IPC are not made out in this case. It is argued that the petitioner never had any amorous relationship with A2. Further that the alleged existence of illicit affair of the victim's husband with another lady and the mere elopement of the husband with his lover etc. cannot be the basis to contend that the accused persons did the act of elopement with the mens rea to goad and instigate the victim to commit suicide. Further it is also urged that the petitioner has already suffered detention in this case for the last 74 days, this Court may order to release him on regular bail subject to stringent conditions. It is also pointed out that A2 has already been granted regular bail by the Sessions Court concerned on 16.10.2019. On being queried, the learned Public Prosecutor has submitted that the investigation has been completed and the final report/charge sheet has also been duly filed before the competent criminal Court concerned.