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High Court of DelhiBAIL APPLN./122/2018

Porangada Bellappa Ponnappa v. The State(NCT Of Delhi)

2018-08-01Hon'Ble Mr. Justice R.K.Gauba3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ PORANGADA BELLAPPA PONNAPPA ..... Petitioner Through:

Mr. Rajesh Mahale & Mr. Amith J.

Advs.

versus THE STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Akshai Malik, APP for the State with SI Ajit Singh, SOS-I/Crime Branch.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.08.2018 Jasdeep Singh Gill, a middle aged person (approximately 39 years old) at the relevant point of time, committed suicide by hanging himself by neck in an Ashram within the territorial jurisdiction of police station Sunlight Colony on 21.11.2014. This information was logged by DD entry no. 9A received in the police station at about 1.50 p.m. FIR No. 489/2016 came to be lodged on 09.11.2016, in the police station Sunlight Colony virtually two years after the occurrence, for investigation into offence suspected under Section 306 IPC, the focus being on the role of the petitioner herein along with wife of the deceased (Namrata Gill) and her father (Deepak Sharma). It is stated that in the suicide note left behind by the deceased, which was recovered during the inquiry at the scene of occurrence, it seems to carry an innuendo that the deceased was provoked to

commit the suicide by his father-in-law, the background being the suspicion of illicit relation between the petitioner and wife of the deceased (Namrata Gill). Reliance is also placed on the statements of the wife and a relative of the petitioner indicating there being some background to the episode which statedly gives rise to suspicion of illicit relation between the aforesaid two persons.

Reliance is also placed on an audio recording of a telephonic conversation between the deceased on one hand and his father-in-law on the other, it having been subjected to recording by a relative of the wife of the petitioner. The authenticity of the audio recording is yet to be verified and confirmed. There is no explanation till date as to why no case was immediately registered if a suicide note to the above effect had been found on day one.

In the above facts and circumstances, a case for anticipatory bail is made out. Thus, it is directed that in the event of the petitioner being arrested, he shall be released on bail by the arresting officer on furnishing personal bonds in the sum of Rs.10,000/- with one surety in the like amount subject to the following further conditions:- (i) The petitioner shall continue cooperating with the investigation and join the same as and when called upon to do so; (ii) The petitioner shall not come in contact with or try to influence any of the witnesses connected to the case;

(iii) Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer;

(iv) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence; This order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against him by the court of cognizance.

The petition stands disposed of in above terms. Dasti.

R.K.GAUBA, J AUGUST 01, 2018 nk