ORDER :

1. The learned High Court Government Pleader is directed to take notice for respondent No.1-State.

2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.

3. This petition has been filed by the petitioners-accused Nos.1 to 3 challenging the order passed by IV Additional District and Sessions Judge, Doddaballapura in S.C. No. 10025/2018 dated 17.8.2019 where under the application filed under Section 227 of Cr. P.C. came to be dismissed.

4. The case of the complainant in brief is that on 10.7.2017 brother of the complainant after finishing his night shift in a private company reached home and after his breakfast he went to sleep. At about 10.30 a.m. deceased brother made some phone calls to his mobile. He woke up and he started to speak in his mobile, within few minutes accused Nos.1 and 2 who are residing as a neighbourers started beating the deceased with broom. At that time complainant interfered and tried to resolve from the clutches of accused Nos.1 and 2 and she also questioned the reason for beating to his brother. In response to the same, accused Nos. 1 and 2 replied that her brother deceased was taking photographs in his mobile and they also told that they will teach him a proper lesson and thereafter the accused persons pushed the deceased and assaulted with slippers and frequently they abused the deceased. Because of the insult and the abetment, the deceased by saying that unnecessarily he has been assaulted and made allegation he went out of the house and after two hours they came to know that he died on a railway track by committing suicide and based on the same UDR case was registered and thereafter, after investigation charge sheet has been filed. When the case was posted for hearing before charge, the present application has been filed.

5. The main grounds urged by the learned counsel for the petitioners-accused is that the material placed on record shows that there is no instigation or harassment continuously as against the deceased. The said fact has not been considered and appreciated by the Court below. The Court below has observed that the accused persons have not come with clean hand and erroneously dismissed the application. It is his further submission that the respondent-police have not registered a case as against the petitioners-accused under Sections 107 and 108 of the Indian Penal Code for abetment or instigation which is essential ingredient to attract the provisions of Section 306 of Indian Penal Code. In the absence of non filing of the charge sheet under the said Section, the Court below ought to have discharged the accused. It is his further submission that there is a delay in investigation and filing the charge sheet. It is his further submission that the statement of the mother of the deceased also goes to show that there is no abetment or instigation by the accused. It is further submission that the Court below without taking into consideration the factual matrix has erroneously dismissed the application. On these grounds he prayed to allow the petition and to set aside the impugned order and discharge the accused.

6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is prima facie material for having involved the accused in the alleged crime and for having instigated the deceased to commit suicide. It is his further submission that after investigation charge sheet has been filed. It clearly shows that the accused persons without there being any basis have made a false allegation for having taken up the photographs and they also assaulted. Because of the insult the deceased went and committed suicide at the railway track.

7. It is his further submission that earlier, the petitioners/accused have filed Writ Petition No.33544/2018 to not to take any proceedings, but the said petition was also came to be dismissed. It is his further submission that the material produced prim