KAMLESH AND RITESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the applicants' first application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as they are apprehending their arrest in connection with Crime No.137/2022 registered at Police Station -Bhawarkua, District-Indore (MP) for offence punishable under Ss. under Ss. 306, 34 of the IPC, 1860.

(2.) Allegation against the applicants is that the applicant No.1 is the real brother and the applicant No.2 is the step brother of the deceased Lokesh and it is alleged that they along with his father used to harass the deceased Lokesh which led him to commit suicide on 13/12/2021 by hanging.

(3.) Counsel for the applicant has submitted that on account of Lokesh (deceased) ill treatment of his father and other family members he was expelled from the house in the year 2017 and thereafter a paper publication has also been made in the year 2018 expelling him from his family and he was living separately with his wife and children since last around five years and recently he has again started to interfere in the family affairs of the applicants and was raising a property dispute. Counsel has submitted that although suicide note has been left by the deceased but that itself is not sufficient to hold that the applicants have abated the aforesaid offence in the absence of any cogent material on record. Thus, it is submitted that the application for anticipatory bail be allowed.