DINESHBHAI PRAVINBHAI KHUMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicants have prayed for their release on anticipatory bail filed under Sec. 438 of the Code of Criminal Procedure, 1973 [' Cr.P.C .', for short] in connection with CR (FIR) No - 11193004230175 of 2023 registered with Amreli Rural Police Station, Amreli for offences punishable under Ss. 306 , 498A and 114 of Indian Penal Code and Sec. 174 of the ' Cr.P.C .'.

(2.) As per the complaint registered by the complainant viz. Gautambhai Malabhai Parmar her daughter @ Vaishali fell in love with the present applicant no.1 viz. Dineshbhai Pravinbhai Khuman and got married him before about nine months. On 27/3/2023, applicant no.2, who is the father the applicant no.1, made phone call to the complainant and told him that his daughter committed suicide. The complainant, therefore, reached to Civil Hospital, Amreli where he found his daughter dead having red markings on her neck. As per the FIR, ever since the daughter of the complainant (the deceased) married the applicant no.1, the complainant never met the deceased either telephonically or in person as the marriage had taken place without consent of the parents and as the in-laws of the deceased were not ready for compromise with the complainant, there were no relationship between the complainant and the inlaws and, therefore, they were not attending any social function. As per the FIR, all these applicants were taunting the deceased and were harassing the deceased person. They were even not allowing the deceased to contact to the parents even on phone and even not permitting her to meet her parents and, therefore, on account of such harassment deceased committed suicide.

(3.) Learned advocate Mr.Patel submitted that the present applicants are not responsible for suicide committed by the deceased. He submitted that in fact harassment was being meted out by the parents of the deceased and in support of such submission learned advocate Mr.Patel relied upon one transcript of audio- clip. He further drew attention of this Court to the photographs brought along with the bail application to indicate that deceased person was happily living with the present applicants. He also drew attention of the Court to the medical papers and submitted that the deceased was suffering from some disease and, therefore, she might have committed suicide but in any case the applicants are not responsible for suicide committed by the deceased.