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MANISHA BATRA
Shankar Lal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manisha Batra, J.
The present petition filed by the petitioner under Section 438 of Cr.P.C for grant of anticipatory bail to the petitioner in case arising out of FIR No.277 dated 26.12.2023 registered under Section 306 of IPC at Police Station Talwandi Sabo, District, Bathinda on the basis of statement recorded by the complainant-Subhash Chander alleging therein that his daughter who was 19 years old and was studying in B.A second year in social science and was living in hostel, had committed suicide in her room on 25.12.2023. He alleged that she was being harassed by the present petitioner who used to make calls on her phone repeatedly. Even in the morning of the 25.12.2023, he had called the victim and harassed her. This fact was told by the victim to her father at about 11.35 am and she also disclosed that she was fed up and she was going to end her life. The complainant further alleged that he had made her understand but subsequently, he received a message of her death by way of suicide.
2. Learned counsel for the petitioner has argued that no case for commission of offence under Section 306 of IPC has been made out against the petitioner as ingredients for commission o
Anticipatory bail was denied due to serious allegations of harassment leading to suicide, necessitating custodial interrogation for investigation.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
The stage of investigation and the premature adjudication of contentions regarding the offence under Section 306 IPC influenced the court's decision to dismiss the petition for anticipatory bail.
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