The necessary ingredients contemplated under Section 107 of IPC regarding intentional instigation or aid given by the accused to the deceased are to be established during the course of investigation.

JUDGMENT

Cheekati Manavendranath Roy, J. - This criminal petition under Section 438 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioner on bail in the event of his arrest.

2. The petitioner is a-1 in Crime No.121 of 2022 of Bapatla Town Police Station, Guntur District.

3. a case under Sections 306, 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'I.P.C') and Section 4 of Dowry Prohibition act, 1961 (for short 'DP act') was registered against the petitioner along with a-2 in the above crime.

4. Briefly stated, it is the case of the prosecution that the victim girl is a minor and was a student and when she was going to college that the petitioner herein used to follow her regularly and insisted her to love him. He also used to threatened her to kill if she does not agree for his love proposal. The deceased informed the same to her mother who is the de facto complainant. The petitioner also stated that he is influenced person and he would kill her, her mother and also her younger sister. as the deceased has no father, and as she was unable to bear the torture of the petitioner, she moved with him. Subsequently, the petitioner resiled from his promise and did not come forward to marry her. It is stated that the petitioner and his mother who is a-2 demanded Rs.15.00 lakhs from the deceased to accept for their marriage. He also threatened her that he would marry another girl. Therefore, in the said circumstances, as the deceased was subjected to severe mental agony she committed suicide. So, it is stated that the petitioner is responsible for the suicidal death of the deceased.

5. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State.

6. Learned counsel for the petitioner would submit that no suicidal note was left by the deceased to show that the petitioner herein is responsible for the suicidal death of the deceased. He would further contend that as it is a case under Section 306 of IPC relating to abetment to commit suicide that the necessary ingredients contemplated under Section 107 of IPC are not fulfilled. Therefore, he would submit that the accusation made against the petitioner is not well founded and thereby prayed for grant of anticipatory bail to the petitioner stating that he would cooperate for investigation if he is enlarged on pre-arrest bail.

7. Learned additional Public Prosecutor opposed the criminal petition. He would submit that the facts of the case show that the petitioner is responsible for the suicidal death of the deceased. It is stated that as he refused to marry her and demanded Rs.15.00 lakhs towards dowry to marry her that she was subjected to severe mental agony on account of the conduct of the petitioner and committed suicide. He would submit that the investigation in this case is at initial stage and the crime has to be investigated to ascertain the ingredients contemplated under Section 107 of IPC. Therefore, he would submit that the petitioner is not entitled to pre-arrest bail at this stage as it cannot be held at this stage that the petitioner did not abet the deceased to commit suicide. So, he would pray for dismissal of the petition.

8. No doubt, in order to constitute an offence punishable under Section 306 of IPC, the necessary ingredients contemplated under Section 107 of IPC regarding intentional instigation or aid said to have been given by the accused to the deceased are to be established. The investigation is still at the initial stage and it has got long way to go. Prima facie the allegations ascribed against the petitioner would show that it is on account of the conduct of the petitioner herein that the deceased has committed suicide. Whether there is intentional instigation or aid given to commit suicide or not are the matters to be ascertained and established during the course of investigation. at this stage, it cannot be held that the ingredients contemplated under Section 107 of IPC are not satisfied, as th