The Court granted bail to the petitioner, husband of a deceased woman who committed suicide. Despite charges of abetment, the Court was inclined to release him on furnishing a bail bond and sureties.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two sureties for Rs. 20,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 8167 of 2018
05. 13.03.2019
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439, Cr.P.C. in connection with Bhadrak Rural P.S. Case No.502 of 2018 corresponding to G.R. Case No. 1725 of 2018 pending in the file of learned S.D.J.M., Bhadrak for alleged commission of offences under sections 498-A, 304-B, 306, 406 of the Indian Penal Code read with section 4 of D.P. Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Bhadrak, which was rejected on 21.12.2018.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 16.10.2018 and after completion of investigation, charge sheet has been submitted under sections 498-A, 304-B, 306, 406 of the Indian Penal Code read with section 4 of D.P. Act. It is further submitted that the petitioner is the husband of the deceased Usharani Das and their marriage was solemnized on 13.09.2009 and they were blessed with a daughter and the occurrence in question took place on 14.10.2018. The cause of death as per the post mortem report was on account of asphyxia due to hanging and no external injury except the ligature mark around the neck was noticed on the person of the deceased and there is no clinching material against the petitioner relating to abetment of commission of suicide by the deceased and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, placed the statement of Lipi Das, who is the daughter of the petitioner as
well as the deceased and she has stated that on the previous day of occurrence, the petitioner assaulted the deceased and on the date of occurrence also there was quarrel and after her father (petitioner) left the place, the deceased bolted the door of a room from inside and committed suicide.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, the surrounding circumstances under which the deceased committed suicide, the post mortem report findings and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
S.K.Sahoo,J.
RKM
1 issue framed by the court
Whether the petitioner should be granted bail in an offence of abetment to suicide under Section 306 IPC where the deceased committed suicide after alleged assault and quarrel.
2 provisions across 2 enactments
Lipi Das
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
