Anticipatory bail granted as prosecution failed to show sufficient evidence of inducement for suicide; the court emphasized that bail should secure appearance at trial, not serve as punishment.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘ BNSS ’) for grant of anticipatory bail in Crime no.100/2024 by Kampli Police Station for offences punishable under Sections 80 (2), 85, 108, 3 (5) of Bharatiya Nyaya Sanhita 2023 (‘BNS’, for short) by accused no.2 (petitioner).

2. Sri B. Anwar Basha, learned counsel for petitioner submitted, Mahadevamma was 60 years old labourer permanent resident of Talwar street, Kampli taluk and a law abiding citizen. And though she was neither involved nor committed any offences, she was apprehending arrest in view of registration of Crime no.100/2024 (supra) arraigned her as accused no.2. Even in complaint, K.Hussainappa (complainant) stated that his younger daughter Sangeeta (victim) was married to accused no.1 on 18.12.2020. As agreed, at time of marriage 1 tola of gold was given to accused no.1. After marriage, accused no.1 and victim lived together happily for eight months. Thereafter, victim began complaining about accused no.1 not going to work regularly and harassing victim to get money from her parents. He also suspected her character on ground that she was speaking with others. Due to harassment, she frequently came back to her maternal home. Complainant used to console and send her back with some money. Thereafter, complainant sold land belonging to him and paid nearly Rs.3,00,000/-.

3. Complainant further stated, about a year prior to incident, there was conciliation by family and community elders and after advising accused no.1 suitably, victim was sent to his house. But on date of complaint at 2:20 p.m., he received intimation from accused no.1 stating that victim had committed suicide by hanging herself to ceiling fan with a saree. On reaching spot, he found victim with strangulation marks on her neck. Suspecting that accused no.1 had instigated victim to commit suicide, complaint was filed and registered as Crime no.100/2024 (supra) by Kampli Police Station.

4. In view of above petitioner apprehended arrest. But in meanwhile charge sheet was filed on 13.11.2024 and hence he was not required for custodial interrogate. It was submitted, only statements recorded by Investigating Officer (‘IO’, for short) was from relatives and not independent persons. There were no clear averments about intention of petitioner to induce victim to commit suicide. Allegations were not of such character as to cause inducement to commit suicide nor could be treated to be direct cause for commission of suicide. It was submitted, since charge sheet was already filed, there would be no need for custodial interrogation of petitioner, and also on ground that petitioner had no criminal antecedents, learned counsel sought for allowing bail petition.

5. On other hand, Smt.Girija S.Hiremath, learned HCGP for respondent – State opposed petition by referring to statement of objections filed. It was submitted, incident occurred on 21.08.2024, less than four years from date of marriage attracting presumption under Section 80 (1) of BNS. It was submitted, during course of investigation, prosecution had recorded statements of neighbours of victim i.e. CWs.14 to 17, who had consistently stated about harassment meted out to victim with dowry demand, frequent quarrels between accused no.1 and victim along with petitioner. It was submitted, postmortem examination report indicated cause of death as due to asphyxia. Since incident was less than four years from date of marriage it attracted presumption under Section 80 of BNS, there was sufficient material to support charges. On said grounds sought for rejection of bail petition.

6. Heard learned counsel.

7. From above, point that arises for consideration is:

“Whether petitioner is entitled for regular bail with conditions?”

8. This petition is for anticipatory bail by accused no.2, apprehending of arrest in Crime no.100/2024 for offences punishable under Sections 80 (2),