DIPIKA SHARMA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In all these three bail applications filed under Section 438 Cr.P.C., the petitioners have prayed for pre-arrest bail in connection with Jatni P.S. Case No. 238 of 2014 which corresponds to G.R. Case No. 599 of 2014 pending in the Court of learned J.M.F.C. (O), Bhubaneswar for offences punishable under Sections 306/294/506/120-B/507/380 read with Section 34 of I.P.C. Petitioner in BLAPL No. 19309 of 2014 namely Dipika Sharma is the wife, petitioner in BLAPL No. 19632 of 2014 namely Purnima Sharma @ Guddi Sharma is the elder sister-in-law (wife's elder sister) and petitioner in BLAPL No. 19836 of 2014 namely Kundan Lal Sharma @ Kundan Sharma is the elder brother-in-law (wife's elder brother) of one Rahul Sharma (hereinafter "the deceased"). All the three bail applications were heard analogously and a common order is passed.

(2.) On 24.08.2014 one Pawan Kumar Sharma, the maternal uncle of the deceased reported before the Inspector-in-Charge, Jatani Police Station, Jatam regarding commission of suicide by the deceased in his bed room by hanging in a ceiling fan with a saree around his neck. On the basis of such report, Jatani P.S. U.D. Case No. 21 of 2014 dated 24.08.2014 was registered. During U.D Case enquiry, the dead body of the deceased was sent for post mortem examination to the District Headquarters Hospital, Khurda and the cause of death was opined to be asphyxia due to ligature mark around the neck like hanging which is suicidal in nature. On 27.8.2014 one Smt. Usha Sharma, mother of the deceased lodged an FIR before IIC, Jatni Police Station stating therein that the wife of the deceased along with her elder brother and elder sister came to her house on 23.8.2014 morning at about 7 O' Clock. As per the prevailing custom, the wife of the deceased had been to her father's place which is situated in the State of Chhattisgarh for about one month as she was newly wedded and newly wedded couple are not allowed to stay together in the month Shravan. After the deceased left to his office, the wife and the elder brother-in-law of the deceased abused the informant and her younger sister without any cause and threatened them with dire consequence. They further threatened to implicate the family members of the informant in a false dowry torture case. All the elderly members of the family of the informant tried for an amicable settlement but it was not fruitful. At about 1 O' clock in the afternoon the wife of the deceased entered inside her bed room and took away all the gold and silver ornaments and all the petitioners left the house of the informant at about 3 O' clock. On the same day in the night, the deceased was threatened over phone for which he lost mental balance and committed suicide in the night on 23/24.8.2014 in his bed room by hanging himself in the ceiling fan leaving a suicide note. On 24.8.2014 morning at about 6 O' Clock the informant and her family members detected the suicide of the deceased and intimated the police officials and after the necessary legal formalities, the dead body was cremated at about 4 O' Clock in the afternoon The informant verified the Almirah of the deceased and found that the wife of the deceased had taken away all the gold ornaments and other valuables with her to her father's place at the instance of her elder brother and elder sister. On the report of the brother of the informant Jatni P.S.U.D. Case No. 21 of 2014 was registered and post mortem was conducted. Suspecting the petitioners to be responsible for the commission of suicide of the deceased, the FIR was lodged.

(3.) The learned counsel for the petitioners submitted that the marriage between petitioner Dipika Sharma and deceased Rahul Sharma was solemnized on 10.12.2013 and the deceased was pregnant at the time of commission of suicide of her husband and her expected the date of delivery is on 23.2.2015 as per the medical documents annexed to BLAPL 19309 of 2014. Learned counsel for the petitioners further submitted that the deceased committed suicide in his own house that to in the absence of the petitioners and the cause of death as per postmortem report is on account of asphyxia due to ligature around the neck which is suicidal in nature. The learned counsel for the petitioners further submitted that the deceased was a Homoeopathic doctor and on the eventful day when the petitioners came to the house of the informant, the informant demanded Rs. 15,00,000/- (fifteen lakh) from petitioner Dipika Sharama and when she expressed inability of her parents to fulfil such demand, the informant and her family members got annoyed and even physically assaulted her. The deceased who was present then got disappointed at the conduct of his own family members but he did not protest at that point of time and left for his job assignment. The petitioners being disappointed with the attitude of the family members of the deceased returned back to Chhattisgarh. The learned counsel for the petitioners further submitted that the deceased being dissatisfied with the conduct of his own family members might have committed suicide as a result of which petitioner Dipika Sharma who is expecting a child became a widow and she lodged an FIR before IIC, Akaltara Police Station in the District of Janjagir Champa of Chhattisgarh. Learned counsel for the petitioners further submitted that the ingredients of offence under Section 306 IPC are not attracted against the petitioners and four days after the death of the deceased, the informant has concocted a story and presented the same byway of an F.I.R. just to harass and humiliate the petitioners.