Kaushalya Rukmani v. State of Meghalaya and Another

JUDGMENT AND ORDER (ORAL)

¶1Heard Dr. N. Mozika, learned Sr. counsel assisted by Mr. Philemon Nongbri, learned counsel for the petitioner, who has submitted that this Court has taken cognizance of the prayer made in this petition, and has at the first instance, granted interim bail to the petitioner vide order dated

13.02.2025. At this point of time, it is prayed that the interim bail granted may be made absolute.

¶2Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. J.N. Rynjah, learned GA for the State respondent No. 1, while opposing the prayer made, has referred to the status report dated 27.02.2025 filed by Inspector Mukul Koch, Baghmara, Sadar P.S, South Garo Hills, wherein in the latter part of the report, a note has been made that a notice under Section 35(3) BNSS was served to the husband of the petitioner through her, but she has not complied

with the same due to her health condition. In fact, the said notice was issued thrice to her which she failed to comply due to her illness. In this regard, the learned Sr. GA has submitted that interim bail granted to the petitioner/accused may be vacated.

¶3On consideration of the submission made, and on perusal of the said status report and the petition in hand, as has been submitted by the learned Sr. GA, this Court, on perusal of the papers on record at page 28 of the petition, has observed that there is appended a notice for appearance by the police under Section 35(3) of BNSS issued upon the petitioner herein, wherein the petitioner was directed to appear before the Investigating Officer on 21.10.2024. Several months have passed by, however, there is no report of what transpired thereafter. From the status report, it could be gathered that the petitioner has failed to appear before the Investigating Officer because of ill health.

¶4As far as the provision of Section 35(3) of the BNSS is concerned, if the direction issued is not complied with, it is incumbent upon the Investigating Officer to file a report before the Magistrate concerned and to be issued with an order even for arrest of the noticee. Nothing is found from the record that such process has been undertaken or complied with. However,

it is to be noted that the Investigating Officer has also acknowledged the fact that the petitioner is ill and could not comply with the direction issued under the said notice.

¶5As regard the contents of the FIR presumably for which the petitioner has been issued the said notice under Section 35(3), a perusal of the said FIR does not prima facie reveal any complicity of the petitioner/accused as far as the allegations made therein are concerned.

¶6In view of the above, this Court is of the considered opinion that there is no case made out against the petitioner, however, because of the reference made by the Investigating Officer is concerned as regard her name, therefore, it could be assumed that there is apprehension of arrest at any point of time in connection with the aforementioned FIR. The FIR in question would be Baghmara P.S. Case No. 04 (03) 2022 under Section 409/418/420 IPC.

¶7Accordingly, the interim bail granted to the petitioner is hereby made absolute.

¶8In the event of her arrest, the petitioner, Smti. Kaushalya Rukmani is directed to be released on bail on the following conditions that:

i) She shall not abscond or tamper with the evidence and witnesses;

ii) She shall appear before the Investigating Officer as and when required;

iii) She shall not leave the jurisdiction of India without prior permission of the Investigating Officer; and

iv) She shall bind herself on a personal bond of ₹ 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the Trial Court;

¶9In view of the above, this petition is disposed of accordingly.

¶10Registry to return back the case diary.

Judge

Date: 2025.03.03 19:21:40 IST

Serial No. 05 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG AB. No. 6 of 2025 Date of Decision: 03.03.2025 Smti. Kaushalya Rukmani, W/o Shri. Gopal Krishna Gour, R/o Rukmani Jewellers (P) Ltd Shivshakti Paradise G-66-67, Central Soine Rd. Sector-2 Central Spince, Vidhyadhar Nagar Jaipur Rajasthan-302039 ……..Petitioner - Vs- 1. The State of Meghalaya Represented by the Commissioner Secretary, Home Department Government of Meghalaya, Shillong. 2. Smti. Chingkame Momin, D/o Sengran M. Sangma, Proprietor of Planet Bonded Warehouse Super Market, P.O & P.S Bhagmara, South Garo Hills, Meghalaya. ……..Respondents Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Dr. N. Mozika, Sr. Adv. with Mr. Philemon Nongbri, Adv. Ms. M. Myrchiang, Adv. For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA. with Mr. J.N. Rynjah, GA. for R 1. Ms. P. Bhattacharjee, Adv. Mr. Z.A. Choudhury, Adv. for R 2. i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: