Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 278

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
MOHD. AKRAM CHOWDHARY, J.
Karan Singh – Petitioner
Versus
UT of J&K – Respondent
Bail Application No. 34 of 2022
Decided On : 25-03-2022

Advocates:
Advocate Appeared:
For the Petitioner: G.S. Thakur.
For the Respondent: Amit Gupta.

The need to establish mens rea and visible evidence of instigation for the offence of abetment to suicide under Section 306 IPC.

Headnote:
Abetment - Land Dispute - Section 306 IPC - [Section 306 IPC] - The court discussed the essential ingredients of the offence under Section 306 IPC, the concept of abetment under Section 107 of the IPC, and the factors to be considered for grant of bail in a suitable case. The court emphasized the need to establish mens rea and visible evidence of instigation for the offence of abetment to suicide. It referred to relevant case laws to support the decision to grant bail to the petitioner.
Fact of the Case:

The petitioner sought bail in a case registered for the commission of offence punishable under section 306 IPC, related to a land dispute and the suicide of the deceased and his wife.
Finding of the Court:

The court found that the petitioner's act of engaging the deceased in unwarranted litigation and obtaining temporary injunction by misrepresentation did not constitute sufficient evidence of instigation for the offence of abetment to suicide under Section 306 IPC.
Issues: The issues revolved around the petitioner's alleged role in the suicide of the deceased and his wife, the nature of the offence under Section 306 IPC, and the grounds for granting bail in the case.
Ratio Decidendi: The court emphasized the need to establish mens rea and visible evidence of instigation for the offence of abetment to suicide under Section 306 IPC. It considered the settled factors for granting bail and referred to relevant case laws to support its decision.
Final Decision: The court granted bail to the petitioner, subject to specific conditions.

JUDGMENT :

MOHD. AKRAM CHOWDHARY, J.

1. Petitioner through the medium of the instant application seeks grant of bail in a case registered at Police Station Nagrota, Jammu vide FIR No. 12/2022 for the commission of offence punishable under section 306 IPC.

2. Petitioner has asserted that he had a land dispute with one Dillawar Singh of village Sidhra; that he had filed a suit for permanent prohibitory injunction and obtained an interim order of injunction from the Court of Learned Munsiff Jammu; that the said Dillawar Singh on 31.12.2021 set himself to fire and his wife who made an attempt to save him also got burnt and she expired; that the said Dillawar Singh also expired later on; that the Police registered the aforementioned case and falsely implicated the petitioner due to land dispute; that he has been arrested on 06.01.2022.

3. Petitioner further pleads that there is nothing attributable to the petitioner which may fall within the definition of Section 306 IPC. Petitioner has also placed on record the copy of the plaint of the civil suit titled Karan Singh vs. Dillawar Singh and Others, with regard to land comprising of Khasra No. 198 of village Sidhra, Tehsil and District Jammu and copy of the order dated 29.01.2022 passed in bail application by the Ld. Principal Sessions Judge, Jammu whereby the petition for grant of bail moved by the petitioner has been rejected for the reasons that the petitioner stands charged for a very heinous offence and in view of the prevailing lawlessness and increasing crime rate in respect of murder and dacoity.

4. Pursuant to notice, the respondent filed the objections asserting therein that on 02.01.2022, a lady namely Purna Devi W/o Dillawar Singh had succumbed to her burn injuries at Govt. Medical College, Jammu where she had been admitted on 31.12.2021 and that her husband Dillawar Singh also succumbed to his injuries on 06.01.2022; that based on inquest proceedings under Section 174 Cr.P.C. a case was registered vide FIR No. 12/2022 under Section 306 IPC at Police Station Nagrota, Jammu; that as per the dying declaration of the deceased Dillawar Singh and the statements of other witnesses, it has been established that a civil suit had been filed by petitioner Karan Singh against deceased Dillawar Singh and his brothers and obtained status quo order from the court with respect to suit land falling under Khasra Nos. 198 and 199 but the petitioner in his suit had misrepresented that the deceased Dillawar Singh has started construction work of his house in the suit land despite having knowledge that the deceased was raising construction in land comprising of Khasra No. 192; that it was established that the petitioner had an old enmity with the deceased and his brothers in connection with a pathway which connected all their houses to National Highway; that petitioner Karan Singh wants the width of the pathway to about 17 feet whereas deceased Dillawar Singh and his brothers did not agree to that width; that accused Karan Singh will fully misrepresented concealing the material facts about land and had obtained status quo order from the court and due to this deliberate criminal intention of the petitioner, the deceased finally committed suicide as the petitioner had left no other option for deceased and it is finally prayed that the application for grant of bail be rejected.

5. Heard both the counsel for the parties and considered.

6. Learned counsel for the petitioner vehemently argued that the petitioner has been fixed and framed in a false and frivolous case registered at Police Station Nagrota, Jammu on a flimsy ground that due to his filing of a civil suit against one of the deceased Dillawar Singh, who and his wife had committed suicide. Mere filing of a suit and obtaining a temporary injunction cannot be said to be any reason so as to abet the commission of suicide punishable under Section 306 IPC. He further argued that the petitioner has been in Jail for last almost three months and prayed