RAKESH Vs. STATE

JUDGEMENT

(1.) The Petitioner, who was arrested and remanded to judicial custody on 6/9/2022 for the offences punishable under Sec. 174 of Cr.P.C. and subsequently it was altered into Sec. 306 I.P.C. in Crime No.350 of 2022 on the file of the Respondent Police, seeks bail.

(2.) The case of the Prosecution is that the husband of defacto complainant borrowed a hand loan of Rs.1.00 lakh from the petitioner and his brother Sivakumar and later on, when they have given torture to her husband to repay the loan amount along with interest, the defacto complainant's husband sustained mental agony, however, her husband borrowed another loan in and around neighbours and repaid a sum of Rs.1,60,000.00 to them. But, even thereafter, they have demanded a sum of Rs.40,000.00 and made harassment. Since the said amount was not repaid to them, they took his two wheeler. Hence, a complaint was lodged by her husband to the District Collector, but the petitioner and his brother pacified the issue and brought to her husband. While being so, they have assaulted the defacto complainant's husband to repay the amount and again they have given torture and assaulted to get the money. In view of their torture and mental agony, the defacto complainant's husband committed suicide on 5/9/2022. Hence, the defacto complainant lodged the present complaint.

(3.) The learned Counsel appearing for the Petitioner would submit that the Petitioner is an innocent person and he had been falsely implicated in this case. He would also submit that he was outstation for his personal affairs, but even then, the petitioner was called for enquiry and he was arrested on the same day. He would further submit that only due to personal problems, the husband of defacto complainant committed suicide and the mere harassment without any positive action on the part of accused proximate to the time of occurrence, when led to the suicide would not amount to an offence under Sec.306 of I.P.C. Therefore, he prays for grant of bail to the Petitioner.