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2023 Supreme(HP) 28
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, J.
Swarit Malhotra - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. M.P. (M) No. 2104 of 2022
Decided On : 12-01-2023
For the Petitioner: Mr. Virender Singh Chauhan with Mr. Rajul Chauhan.
For the Respondent: Mr. Hemant Vaid.
Point of Law: Unless ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 IPC.
Headnote:
Indian Penal Code, 1860 – Section 306, 506, 376, 354A, 34 – Criminal Procedure Code, 1973 – Section 439, 164 – Offence of rape – Abetment of suicide – Harassing, Abusing – Punishment for criminal intimidation – Petitioner, invoking Section 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR, registered under Section 306 & 506 of Indian Penal Code, in Police Station, Himachal Pradesh – Intention of petitioner for forcing deceased to commit suicide is also evident from threats extended by him to brother of deceased. [Para 17]
Finding of the Court: It has been further submitted by learned Additional Advocate General that detailed written dying declaration of deceased is a self speaking documents to establish prolonged and persistent harassment, threats and abuses to derive the deceased for commission of suicide for which petitioner is directly responsible – It has been further submitted that intention of petitioner for forcing deceased to commit suicide is also evident from threats extended by him to brother of deceased whereby he had communicated that after commission of suicide by deceased, he will also ensure suicide by brother of deceased, and there is sufficient material that petitioner was harassing, abusing, threatening deceased persistently in order to compel her to commit suicide – Rival contentions of parties are not to be adjudicated on merits by this Court in this bail application as the same shall be evaluated and assessed by Trial Court during trial – However, taking into consideration entire material before me and nature and gravity of offence, surrounding circumstances and also impact of enlarging the petitioner on bail at this stage, with reference to factors and parameters required to be taken into consideration, as propounded in pronouncements of Supreme Court as well as this Court, Court of opinion that petitioner is not entitled for bail at this stage.
Result: Petition is dismissed and disposed of.
JUDGMENT :
[Vivek Singh Thakur, J.]
1. Petitioner, invoking Section 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No.56/2022, dated 18.5.2021, registered under Section 306 & 506 of the Indian Penal Code (for short ‘IPC’), in Police Station Kangra, District Kangra, Himachal Pradesh.
2. Status Report stands filed. Record has also been made available.
3. As per prosecution case, on 18.5.2022, one Ajay Chaudhary informed the police that a girl, a tenant in his commercial building located behind Kamal Dhaba in village Chhoti Haled, had committed suicide by hanging. Police Party rushed to the spot, where statement of Viveka Gill wife of Ankush Gill, sister of deceased, under Section 164 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), was recorded, stating therein that her deceased sister was married in the year 2009 with Karan Singh resident of Sham Nagar Dharamshala and she was having 13 years old daughter from the said wedlock. After marriage, deceased, for strained relations with her husband, left the house of her husband and started living in her matrimonial home and earning her livelihood as casual Beautician by providing home service as and when called and, in the year 2020, she started living in rented accommodation in the building of Ajay Chaudhary and continued her work of Beautician. In the year 2015, petitioner Swarit Malhotra took her (deceased) to his home and violated her person forcibly and thereafter continued to do so with assurance to marry her and he compelled her sister (deceased) to take separate rented accommodation, whereupon her sister, in the year 2020, hired a room in Kangra and asked petitioner Swarit Malhotra to marry her but the petitioner Swarit Malhotra flatly refused, whereupon her deceased sister lodged a complaint on 16.4.2022 against Swarit Malhotra in Women Police Station, under Section 376 IPC. In that case, petitioner Swarit Malhotra was arrested, but was enlarged on bail after about 20 days. After releasing from jail, on 16.5.2022 at about 5.30 p.m., petitioner Swarit Malhotra came to her (complainant) residence at Chilgadi and said that he was the first person who managed his bail in a rape case after spending Rs.30-35 lakhs and asked the complainant to advise her sister (deceased) to withdraw the complaint otherwise he would manage murder of her brother and sister. On telling this to her sister (deceased), she told that she was already receiving such threats from Swarit Malhotra. On 16.5.2022, Swarit Malhotra solemnized marriage with someone else, which was known to her sister (deceased). Complainant alleged that her sister committed suicide due to harassment, threats and defamation for which petitioner Swarit Malhotra was liable.
4. During investigation, 12-page Suicide Note of deceased has been found by the Investigating Agency, wherein tale of sorrow of deceased on account of act, conduct and deeds coupled with threats of petitioner, causing unbearable harassment, humiliation and defamation to deceased, have been narrated in detail.
5. It is stated in the Suicide Note that when deceased contacted the Women Cell Dharamshala, for the first time, the SHO of Police Station did not register the complaint of the deceased by saying that deceased and petitioner were living in live-in relationship and, therefore, no case was made out. Thereafter, petitioner came to know about NGO ‘Nai Roshni’, an Organization helping women, and with the help of said NGO she again approached the Police but at that time also conduct of the police was hostile whereupon deceased had left the Police Station alongwith her complaint out of anger and disappointment, however lateron FIR could be lodged with great difficulty.
6. It has also been stated in the Suicide Note that the day when she (deceased) attended the Court for recording of her statement, petitioner Raman Malhotra @ Rinku had come alongwith Rs.10.00 lakh and contacted President of NGO Anuj Katoch, with whose
