The requirement to establish abetment for the offence under Section 306 IPC and the lack of specific allegations against the accused influenced the court's decision to grant pre-arrest bail.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A-2 in the event of her arrest in connection with Crime No. 315 of 2021 of Machavaram Police Station, Vijayawada City, Krishna District registered for the offence punishable under Sections 498-A and 306 r/w 34 of the Indian Penal Code, 1860.

2. The case of prosecution is that the deceased Varalakshmi is the wife of A-1 and their marriage was performed in the year 2019. After the marriage, the in-laws of Varalakshmi, harassed her physically and mentally for additional dowry. Due to unbearable harassment made by her in-laws, she committed suicide by hanging with her saree.

3. Heard Sri Kochiri Raja Sekhar, learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that there are no allegations against the petitioner except stating that she has asked for some household articles from her parents. Learned counsel further submits that even if all the allegations are taken on its face value they do not attract the offence punishable under Section 306 I.P.C. Hence, the case of the petitioner for pre-arrest bail may be considered.

5. On the other hand the learned Assistant Public Prosecutor submits that investigation is pending and five witnesses were examined.

6. It is apt to have a look at Section 306 IPC which reads as under :

"306. Abetment of suicide - if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

7. A bare reading of the provision makes it clear that to constitute an offence under Section 306 IPC, the prosecution has to establish: (i) that a person committed suicide, and (ii) that such suicide was abetted by the accused. In other words, an offence under Section 306 would stand only if there is an "abetment" for the commission of the crime.

8. In Criminal Application (Apl) No.547 of 2017 the High Court of Judicature at Bombay, Nagpur Bench, Nagpur observed that:

"..... an abetment involves mental process of instigating the person or intentionally aiding the person for doing of a thing. Without a positive act on the part of the accused in aiding or instigating or abetting the deceased to commit suicide, the said person cannot be compelled to face a trial".

9. In view of the above facts and circumstances of the case, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

10. Accordingly, this Criminal Petition is allowed. The petitioner/A-2 shall be released on bail in the event of her arrest in connection with Crime No. 315 of 2021 of Machavaram Police Station, Vijayawada City, Krishna District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Machavaram Police Station, Vijayawada City.

11. Consequently, miscellaneous applications pending, if any, shall stand closed.