ORDER :

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner/A2 to quash the proceedings in SC No.7 of 2019 on the file of the learned Principal Assistant Sessions Judge-cum-Principal Senior Civil Judge, Madanapalle, Chittoor district.

2. A charge sheet has been filed against the petitioner herein/A2 and accused No.1 for the offence punishable under Section 306 IPC alleging that A1 is the Assistant Sericulture Officer and petitioner/A2 is the Assistant Director of Sericulture, Sericulture Office, B. Kothakota and holding additional charge of Joint Director of Sericulture, Chittoor as District Officer, Deputy Director of Sericulture, SEED, Valasapalle and Assistant Director of Sericulture, Tirupati. The deceased was working as a Technical Officer in Sericulture Office, B. Kothakota. The deceased was residing at Madanapalle and used to go to the office at B Kothakota and he was physically challenged person. It is alleged that the deceased used to inform his wife i.e., the de facto-complainant that he was being harassed by the petitioner/A2 and A1 pertaining to discharge of his duties. While so, on 06.05.2015, the deceased did not attend the duty due to strike and during night time at about 8.30 PM, while taking food, the deceased informed his wife that he was harassed mentally by the accused Nos.1 and 2 and unable to bear the harassment he wanted to end his life. It is alleged that in the morning of 07.07.2015, it was found that the deceased committed suicide by hanging to the roof with a rope. On the complaint given by the wife of the deceased, a case was registered against the accused.

3. Learned counsel for the petitioner submitted that even accepting the entire accusations to be true, still the offence under Section 306 IPC has not been made out against the petitioner. It is submitted that to attract the offence under Section 306 IPC, it is essential that all the ingredients under Section 107 IPC have to be satisfied. Going by the averments contained in the charge sheet, none of the ingredients makes out any case against the petitioner which would come within the purview of essential conditions of Section 107 IPC.

4. On the contrary, learned counsel for 2nd respondent contended that a perusal of 161 Cr.P.C. statements of the witnesses clearly shows that accused Nos.1 and 2 harassed the deceased, so as to drive him to commit suicide. He submits that truth or otherwise of the said accusations have to be decided during the course of trial.

5. On the other hand, learned Assistant Public Prosecutor concurred with the submissions made by the learned counsel for 2nd respondent and submitted that this is not a case where this Court can interfere by exercising the powers conferred under Section 482 Cr.P.C.

6. Heard. Perused the material on record.

7. The deceased was working as a Technical Officer at Sericulture Office, B. Kothakota and he was a physically challenged person. He used to proceed to B. Kothakota from Madanapalli in buses for attending his daily duties. On 06.05.2015, the deceased did not attend the duty due to buses strike and for the reason that he was physically challenged person. On the same day night, while taking dinner, the deceased alleged to have informed his wife that accused Nos.1 and 2 abused and harassed him mentally for not attending to the duties. He expressed that unable to bear the harassment meted out by the accused, he intends to commit suicide.

8. Section 107 IPC reads as follows.

“107. Abetment of a thing: A person abets the doing of a thing, who-

Firstly.— Instigates any person to do that thing; or

Secondly.— Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly.— Intentionally aids, by any act or illegal omission, the doing of that thing.”

9. In order to attract an offence under Section 306 IPC, it is es