Case BriefsHigh Courts

Punjab and Haryana High Court: Gurvinder Singh Gill, J. allowed the anticipatory bail petition in a suicide case. 

A petition was filed for the grant of anticipatory bail for the FIR registered for the offence committed under Section 365 of the Penal Code. 

The brief facts of the case were that complainant’s sister was married for about 22-23 years and was repeatedly beaten by her in-law and thus she left the house and was residing at her paternal house. The complainant’s sister was threatened to be killed by the petitioner and one day when went missing. On her search, a suicide note was found. It was thus alleged that the petitioner had killed the complainant’s sister. 

Manu Loona, Counsel for the petitioner submits that he was falsely implicated and that the complainant’s sister was living at her own will at her parental house. It was further submitted that complainant sister committed suicide under depression and also presented the suicide note in which she has not blamed anyone for such action. 

Kirat Singh and Peeush Gagneja, Counsel for State and Complainant submit that case where the dead body was recovered and since apparently the relations between the deceased and the petitioner were not cordial as the deceased had recently filed an application under the Domestic Violence Act, the involvement of the petitioner was prima facie evidence. It was further submitted that the handwriting and signature existing on the suicide note did match the complainant’s handwriting and signature. 

The court opined that case especially the fact that as per the suicide note, the deceased has virtually given a clean chit to the petitioner and has stated that she was committing suicide on account of her mental pressure and problem; in my opinion it is not a case warranting custodial interrogation. The petition was allowed and the petitioner was directed to abide by the conditions provided under Section 438(2) of the Code of Criminal Procedure. [Balveer Singh v. State of Punjab, 2019 SCC OnLine P&H 1529, decided on 27-08-2019]

Case BriefsHigh Courts

Gujarat High Court: Dr A.P. Thaker, J. passed an order to grant anticipatory bail for the offences punishable under Section 3(1)(r)(s) and 3(2)(v-a) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

An appeal was made to the court after an application for anticipatory bail was rejected by the Special Judge (Atrocity), City Session Court, Ahmedabad.

The fact of the case was that the complainant had a fight with the appellant and during the fight, the appellant assaulted the complainant who suffered some injuries. Thereafter, the complainant lodged an FIR against the appellant under the provisions of the Indian Penal Code and Atrocity Act.  

The learned Counsel for the Appellant, Mahesh Bariya and Pooja Baswal, prayed for the grant of an anticipatory bail which was vehemently opposed by the respondent’s counsel, Monali Bhatt on the ground that the offence was made out under Atrocity Act and thus was a grave offence. 

The court placed reliance on the law laid down by the apex court in Gorige Pentaiah v. State of A.P., (2008) 12 SCC 531 which laid down that the preliminary inquiry shall be conducted by Deputy Superintendent of Police to find out whether allegation made out under the said act before registering an FIR relating to the commission of an offence and approval of appropriate authority shall be obtained before arrest of any person in connection with such offence.

The Court thus held that in the present case, it is doubtful as to commission of offence under Atrocity Act. Further, it appears from the affidavit of the complainant that the matter has been amicably settled between the parties and complainant has also tendered the affidavit for quashing the same FIR.  Considering the facts and circumstances of the case, without discussing the evidence in details, prima facie, this court is of the considered opinion that the discretion under Section 438 of the Code of Criminal Procedure is required to be exercised. 

The anticipatory bail was thus granted with the condition that appellant shall remain present before the Magistrate on the first day of hearing of the application and after all the subsequent occasions as may be directed by the Magistrate. It was also clarified that the appellant, even if, remanded to police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of the anticipatory bail order.[Vipul Maganbhai Patel v. State of Gujarat, 2019 SCC OnLine Guj 832, decided on 10-05-2019]

Case BriefsHigh Courts

Karnataka High Court: While deciding a criminal petition filed under Section 439 of CrPC, a Single Judge Bench of Budihal R.B., J. held that even if the specific overt act is not alleged against the accused in the complaint itself, a prima facie case can be made out against him considering all other prima facie material along with the complaint.

The background of the case was set in the dispute relating to construction of a house. In connection with the same dispute the petitioner is alleged to have assaulted the daughter of the complainant that resulted in her death.

Learned counsel for the petitioner submitted that the complaint averments only go to show that the petitioner assaulted the deceased on her cheek/neck and she fell down unconscious. He submitted that there was no prima facie case against the petitioner that he was the main cause for the death of the deceased. Hence, he prayed that the petitioner be enlarged on bail.

The High Court perused the petition, the FIR, the complaint, and the charge-sheet produced. The Court was of the opinion that it was no doubt true that there was no mention in the complaint about the petitioner assaulting the deceased with a stone, however, a complaint is not an encyclopedia. The eyewitness in her statement had categorically stated that the petitioner assaulted the deceased with a stone. The Court also perused the medical opinion given by the doctor as to the cause of death of the deceased; and held that the material on record goes on to make out a prima facie case against the accused. Accordingly, the Court declined to exercise discretion in favor of the petitioner and the petition was rejected. [Balaraj v. State, 2017 SCC OnLine Kar 2451, order dated 9.10.2017]