Madhya Pradesh High Court
Bhika vs The State Of Madhya Pradesh on 19 July, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 33006/2021
(Vivek V/s. The State of M.P.)
M.Cr.C. No. 33076/2021
(Bhika V/s. The State of M.P.)
M.Cr.C. No. 33830/2021
(Nimba V/s. The State of M.P.)
Date: 19.07.2021:
Shri Pankaj Ajmera, learned counsel for the applicants in
M.Cr.C. No.33006/2021, M.Cr.C. No.33076/2021.
Shri Pritesh Kumar Jain, learned counsel for the applicant in
M.Cr.C. No.33830/2021.
Shri Prateek Patwardhan, learned panel lawyer for the
respondent/State.
Shri Nilesh Sharma, learned counsel for the complainant.
ORDER
The M.Cr.C. No.33006/2021 is repeat third, M.Cr.C. No.33076/2021 is fourth, and M.Cr.C. No.33830/2021 is second bail applications filed under Section 439, Cr.P.C. for grant of bail in connection with Crime No.99/2020, Police-Station- Khetiya, District- Bharwani for commission of the offence under sections 306 and 34 of the Indian Penal Code.
(2) As per prosecution story, on 20.06.2020 the complainant lodged an FIR at Police Station- Khetiya, District Barwani against Bika Mahale, Nimba Mahale, Vivek Mahale, Golu@ Rahul Mahale, Vandana Mahale, Neeta@ Reeta Mahale and Saku Mahale alleging that on 20.06.2020 deceased Kailash S/o Pandit Patil aged about 33 years left the house without informing anyone. On 20.06.2020, an information received from Police Chowki, Nisarpur, Police-Station- Kukshi, District-Dhar that deceased had committed suicide by
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jumping in the Narmada river. His death body was recovered and merg No.14/2020 under Section 174 of Cr.P.C. was registered on 23.06.2020. A suicide note was recovered by the police which revealed that the deceased had a dispute in respect of construction of wall with his neighbor Nimba S/o Daga Mahale and during this dispute deceased Kailash and his wife Komal abused by Nimba, Vandana, Neeta @ Reeta, Golu@ Rahul, Kaka Bheeka, Saku Bai and Vivek and apart from that Ms. Vandana has threatened him that she would falsely implicate him in a rape case. The deceased approached to Sarpanch and others villagers for settlement of dispute, and compromise was arrived that both would leave 2.5ft from their land for construction of wall. On 18.06.2020 again, accused did not permit labours to do the construction by creating dispute on the spot, abused and harassed by accused persons due to which he committed suicide by jumping into Narmada River. Police has registered an FIR against accused persons namely Nimba, Vandana, Neeta @Reeta, Golu@ Rahul, Kaka Bheeka, Saku Bai and Vivek for the offence punishable under Section 306/34 of I.P.C.
Thereafter investigation was completed, and challan was filed. (3) One of co-accused Akhilesh has been granted bail by this Court vide order dated 07.08.2020 in MCRC-26368/2020. The First bail application of Bhika and others including present applicant bearing M.Cr.C.No.26911/2020 were dismissed vide order dated 07.08.2020 on merit. Co-accused Vandana Mahale and Sakubai Mahale approached before the Apex Court by way of SLP No.50376/2020, but withdrawn.
(4) On 08.01.2021, the trial court has framed charges against all the accused persons for the offence punishable under Section 306 R/w 149 of I.P.C. and fixed the case for evidence. On 04.02.2021, no witnesses appeared in the witness box, therefore, case was posted
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on 05.02.2021 for recording the evidence of witnesses. On the said date no witnesses were examined and next date was fixed on 26.02.2021 and 27.02.2021 for recording the evidence. But in these dates, the witnesses remained absent. On 27.02.2021, bailable warrant was issued against the witnesses for appearance before court on 19.03.2021. On 19.03.2021, witnesses Komal, Prabhakar, Manilal were examined and released and on the next date 22.03.2021 no one appeared for recording their evidence, therefore, bailable warrant was issued against them. Now wife of the deceased Komal has been examined on 13.07.2021 and her certified copy of the statement has been filed with this bail application.
(5) Learned counsel for the applicants submit that PW-1 has testified that all the accused persons have harassed her husband therefore, he has committed suicide but the allegation of harassment is general in nature against all the accused persons. However, she has further admitted that her next door neighbour is Nimba and thereafter the house of Bhika is there. Her husband was constructing a wall in the backyard of the house which Bhika and his wife his son Vivek, daughter of Bhika, Son Golu and Nimba and his wife were objecting it. The compromise was arrived between them that Nimba and her husband would leave 2.5 ft. land for the construction of wall thereafter, the construction was started. Again Vivek, Golu, Bhikha came on the spot and objected the construction work. In her cross- examination a specific question was put to her as to who threatened her husband for false implication in rape case? She has answered that Bhika and Vandana. She has told the said name to the police at the time of recording of statement, but she has no idea as to why it is not mentioned in Exhibit PW-1. In view of the above, counsel appearing for the applicants prays for grant of bail. (6) Learned panel lawyer for the respondent/State opposes the
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bail applications by submitting that there are other material witnesses who have not been examined in this case. (7) Learned counsel for the complainant vehemently opposes the bail applications by submitting that all accused persons jointly assaulted, abused and instigated, which has abetted the deceased to commit suicide. He has specifically mentioned the mental torture meted out to him in his suicide note. Two co-accused have filed by the SLP before the Apex Court, which came to dismissed as withdrawn. The deceased was working as teacher in a Government School and has left his entire family by committing suicide. In support of his contention, he has placed reliance on judgment passed by the Apex Court in case of Ude Singh V/s State of Haryana AIR 2019 SC 4570 and Pawan Kumar v/s State of Himachal Pradesh reported in 2017 7 SCC 780. Learned counsel further submits that these are the second, third and fourth bail applications filed by the applicants and there is no change in circumstances after rejection of the earlier bail applications.
I have heard learned counsel for the parties and perused the record.
(8) So far as the facts of the case Ude Singh (Supra) is concerned there was a continuous taunting and humiliation at the hands of the accused persons and there was no singular event but was a continuous harassment as established by prosecution witnesses. The case of Pawan Kumar (supra) is a case of continuous eve teasing where a young girl committed suicide. (9) In the present case entire dispute arose between 18.06.21 to 20.06.21 in between compromise has arrived and two NCR were reported to the police by both the parties against each other. Complaint was also made to the Collector by the deceased. As per the statement of PW-1 Bhika and Vandana has threatened for false
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implication in rape case.
(10) The Supreme Court of India in the recent case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others reported in 2020 SCC Online SC 964 has again summarised the law in respect of the scope of section 107 & 306 of the I.P.C., the relevant paragraphs are as under:-
"57. Dealing with the provisions of Section 306 of the IPC and the meaning of abetment within the meaning of Section 107, the Court observed:
"12. In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so-called suicide note."
58.The Court noted that the suicide note expressed a state of anguish of the deceased and "cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicide". Reversing the judgment of the High Court, the petition under Section 482 was allowed and the FIR was quashed."
(11) So far as the change in circumstances are concerned the charge sheet has been filed, charge has been framed and now star witness i.e. wife of deceased (PW-1) has been examined, hence no question of influencing her now by the accused. The applicants are not habitual offenders, a sudden dispute arose because of construction of wall by the deceased and other witnesses are not appearing despite repeated summons issued by the Court. (12) Considering the facts and circumstances of the case but without commenting on the merit of the case, the applications are allowed and they are directed to be released on bail upon their furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty thousand only) each with surety in the like amount to the
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satisfaction of the Trial Court for their appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
(13) Before releasing the applicants from custody, the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
Certified copy as per rules.
(VIVEK RUSIA)
JUDGE
Ajit
AJIT Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, KAMALASA ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effad892107d95 ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09EF29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0817FB61F5E2 NAN ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.07.22 17:41:36 +05'30'