Himachal Pradesh High Court

Kamlesh Kumari vs State Of Himachal Pradesh on 4 May, 2023

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CrMP(M) No. 662 of 2023

                                                       Reserved on :            28.04.2023
                                                       Decided on            : 04.05.2023





    Kamlesh Kumari                                                        ...Applicant

                                             Versus





    State of Himachal Pradesh                                             ...Respondent


    Coram                 r

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1

For the applicant : Mr. Tek Chand, Advocate.

For the respondent : Ms. Sharmila Patial, Additional Advocate General, with Mr. Rohit Sharma, Ms. Ayushi Negi and Mr.

Arsh Rattan, Deputy Advocates General.

HC Surinder Pal No. 203, I.O. Police Station, Nurpur, District Kangra,

H.P., present in person, alongwith record.

Virender Singh, Judge.

Applicant-Kamlesh Kumari has filed the present

application, under Section 439 of the Code of Criminal

Procedure (hereinafter referred to as 'CrPC'), for releasing her

Whether Reporters of local papers may be allowed to see the judgment? Yes.

on bail, during the pendency of trial, in case FIR No. 226 of

2022, dated 19th July, 2022, registered with Police Station

Nurpur, District Kangra, H.P. under Sections 302 and 201 of

the Indian Penal Code (hereinafter referred to as the 'IPC').

2. The applicant is seeking her release of bail, during

the pendency of the trial, in the above case, on the ground,

that the story of the prosecution is false and she has falsely

been implicated, in this case.

r According to her, she and

deceased were living happily in the matrimonial home and

have been blessed with two sons and two daughters.

3. According to applicant, there is no iota of evidence,

collected by the Investigating Officer, to connect her with the

alleged offences, for which, she has been arrested by the police.

The Investigation is also stated to be complete. To

demonstrate this fact, it has specifically been mentioned in the

application that the challan has been filed in the competent

Court of law and charges have already been framed against

her.

4. On the basis of the above facts, a prayer has been

made to release the applicant on bail, during the pendency of

the trial.

5. It has also been contended by the learned counsel

appearing on behalf of the applicant that the entire case of the

prosecution, as set up against the accused (applicant), is

highly improbable and there is an unexplained delay of three

days in lodging the FIR regarding the alleged incident.

6. As per the averments made in the application, the

applicant has also tried her luck by moving the application for

bail before the Court of learned Additional Sessions Judge-I,

Kangra at Dharamshala, Circuit Court at Nurpur, however,

the said application was dismissed as withdrawn, on 17 th

August, 2022. Thereafter, she has again moved the

application for bail before the competent Court of law, which

was dismissed, vide order, dated 9th November, 2022.

7. Apart from this, the learned counsel appearing for

the applicant, has given certain undertakings, on behalf of the

applicant, for which, the applicant is ready to abide by, in case,

released on bail, during the pendency of the trial.

8. When put on notice, police filed the status report,

disclosing therein that on 17.07.2022, at about 8.50 a.m., one

Shrawan Kumar gave a telephonic intimation to the police at

Police Station Nurpur that one person had died in Village

Gahin Lagore. After receiving the information, Inspector/SHO

Nurpur, Jaspal Singh, alongwith other police officials, rushed

to the spot, where, the dead body of Madan Lal, son of Late

Shri Koudu Ram, Resident of Village and Post Office Gahin

Lagore, Tehsil Nurpur, District Kangra was found lying on the

floor of the room. Inspector/SHO inspected the dead body, as

well as, the spot and got the photography of the spot conducted

and prepared the inquest report. The spot was also got

inspected from the Forensic Team and the physical evidence

lying on the spot was collected. Thereafter, the post mortem on

the dead body of deceased Madan Lal was got conducted at

Civil Hospital, Nurpur and the samples, preserved by the

Medical Officer, were handed over to the police, which were

deposited with MHC, Police Station Nurpur.

9. The dead body, thereafter, was handed over to the

legal heirs of deceased Madan Lal for conducting its last rites.

The legal heirs, relatives or any other person had not raised

any suspicion regarding the death of deceased and as such, the

proceedings under Section 174 CrPC were conducted.

10. On 19th July, 2022, complainant-Tej Ram,

alongwith other villagers, moved complaint to the SHO, Police

Station Nurpur, averring therein that on 16 th July, 2022, at

about 8.00 p.m., he, alongwith Dev Raj alias Guddu and

Sandeep alias Pouda, was sitting in the shop of Ramesh Chand

in Village Gahin Lagore and were chatting. In the meanwhile,

the wife of deceased Madan Lal (applicant), whose house was

situated at a distance of 50 meters from the shop, came in the

shop and purchased 2 litre bottle of Limca and told Dev Raj

alias Guddu that her husband Madan Lal had quarreled with

her and gave beatings to her and, as such, she had given blow

of a Fatti (wooden plank) on his head and stomach, as a result

thereof, he fell in the courtyard and became unconscious and

requested him to go and see her husband. Thereafter, she

went to her house. They all thought that the applicant was

joking and, as such, Dev Raj did not visit their house. In the

morning of 17th July, 2022, he came to know that Madan Lal

had died. Madan Lal had died due to the beatings given by his

wife (applicant). On the basis of the said complaint, the FIR,

under Sections 302 and 201 IPC came to be registered against

the accused (applicant).

11. During investigation, Inspector/SHO, Police

Station Nurpur prepared the spot map and recorded the

statements of the witnesses. The accused (applicant) was

arrested on 19th July, 2022 and was got medically examined.

During interrogation, the accused (applicant) made disclosure

statement that she has concealed the blood stained Fatti

(wooden plank) and cleaning cloth (mop) and can get the same

recovered and pursuant to her statement, under Section 27 of

the Evidence Act, she got the same recovered. The evidence, so

collected from the spot, as well as, samples preserved by the

Medical Officer, at the time of post mortem examination of

deceased, were sent to RFSL Dharamshala and the report was

obtained.

12. As per the report, human blood group "B" was

detected on blood sample, T-shirt, pants, underwear, scalp

hair of Madan Lal, blood lifted from the verandah and blood

stained cemented piece taken from the courtyard and salwar of

the accused (applicant). Human blood was also detected on the

cleaning cloth (mop), but, the result was inconclusive in

respect of the blood group. The blood was also detected, in

traces, in sacred thread and right and left hand nail clippings

of Madan Lal, wooden piece/plank and shirt of the accused

(applicant), but, the sample, so collected, was insufficient for

serological examination. The quantity of ethyl alcohol in the

blood of deceased was found to be 258.62mg% and in urine,

265.65mg%. After receiving the report from RFSL

Dharamshala, the Medical Officer, Civil Hospital, Nurpur,

vide his final opinion, opined that the cause of death, in this

case, was due to blunt force abdominal trauma, leading to

laceration of spleen and cranial trauma caused by sharp edged

weapon leading to intra-cranial hemorrhage, which was

sufficient to cause death in ordinary course of nature.

13. It is the further case of the police that the physical

evidence, so collected, in this case, has also been sent to RFSL

Dharamshala, from where, the report has been received. The

weapon of offence has also been submitted before the Medical

Officer, Civil Hospital, Nurpur, who has opined that injuries

No. 2 to 12 could be possible due to the weapon of offence,

shown to him. Also, according to him, injury No. 1, which is

an incised wound, could not be possible due to the weapon of

offence shown to him. Lastly, he has deposed that the death of

the deceased is possible due to multiple head injury with the

weapon of offence shown to him.

14. On the basis of the above facts, it is the case of the

police that the supplementary challan is being prepared and

the same is yet to be submitted in the competent Court of law.

15. On all these submissions, a prayer has been made

to dismiss the bail application.

16. As per the case of the prosecution, the accused

(applicant) has been arrested for committing mariticide.

Perusal of the status report filed by the police shows that the

case is based upon the circumstantial evidence. At the time of

deciding the bail application, the Court should refrain from

discussing the evidence, so collected by the prosecution, during

the investigation, as, the detailed discussion of the same would

cause prejudice to the case of the prosecution or the accused.

17. The role allegedly played by the accused

(applicant), in the commission of the offences, for which, she

has been arrested, is yet to be proved, in this case. No doubt,

she has been arrested in a very serious offence of mariticide,

but, nothing has been mentioned in the status report about

any apprehension by the police, in case, the applicant is

released on bail.

18. The age of the applicant has been mentioned as 51

years, in the bail application. The bail application is being

filed by the applicant, through her daughter, who has sworn

the affidavit in support of the contents of the bail application.

19. The chances of commencement of the trial, against

the accused (applicant), in near future, are not so bright. As

such, no useful purpose would be served by keeping the

applicant in judicial custody, for the indefinite period.

20. Moreover, the bail application cannot be rejected

as a matter of punishment, as, pre-trial punishment is

prohibited under the law.

21. The accused (applicant) is permanent resident of

District Kangra. There is no apprehension put forth in the

status report that she will not be available during the trial or

may coerce the witnesses, not to depose against her.

22. The facts, that the investigation, in the present

case, is complete; the charge sheet has been filed by the police

in the competent Court of law and as per the status report

filed before this Court, the supplementary challan is being

prepared and the same is likely to be filed in the Court, are

sufficient to conclude, at this stage, that the custodial

interrogation of the applicant is no longer required by the

police.

23. Considering all these facts, the bail application is

allowed. The applicant is ordered to be released on bail in case

FIR No. 226 of 2022, dated 19th July, 2022, registered with

Police Station Nurpur, District Kangra, H.P., under Sections

302 and 201 IPC, on her furnishing personal bail bond, in the

sum of ₹ 50,000/-, with one surety of the like amount, to the

satisfaction of the learned trial Court. This order, however,

shall be subject to the following conditions:

a) She shall make himself available for the purpose of interrogation, if so required and regularly attend

the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) She shall not tamper with the prosecution

evidence nor hamper the investigation of the case in any manner whatsoever;

c) She shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and