The court emphasized the essential ingredients for invoking Section 306 of the IPC and the broad factors for deciding anticipatory bail, highlighting the balance between fair investigation and prevention of harassment.

JUDGMENT :

Sujoy Paul, J.

Heard through video conferencing.

1. With the consent heard finally.

2. This is the first application filed by the applicant/accused under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No. 921/2020 registered at Police Station, Chandan Nagar, Indore for the offences registered under Section 306 of the IPC.

3. Learned counsel for applicant submits that according to prosecution story, on 27/6/2020 son of deceased Ayush informed the police that his father has committed suicide. The deceased Gopal committed suicide on 27/6/2020 and implicated as many as 14 persons. On the basis of his suicide note the applicant has been arraigned. The basis of suicide note is a money transaction and a dispute with regard to interest and demanding the money back. The necessary ingredients for invoking Section 306 of the IPC are not available. The conjoint reading of Sec. 107 and 307 of IPC shows that merely because somebody has written a suicide note naming somebody else does not attract Sec. 306 of IPC. The reliance is placed on M. Arjunan Vs. State (2019) 3 SCC 315.

4. The prayer is opposed by learned Panel Lawyer.

5. I have heard the learned counsel for parties at length.

6. As per prosecution story and suicide note the deceased was under financial pressure. He has written the suicide note naming the present applicant also. In M. Arjunan (supra) the Apex Court opined as the essential ingredients of the offence u/S.306 of IPC are; (i) the abetment; (ii) the intention of the accused to aid or instigate or abet deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language etc, will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. In absence of these ingredients being available Section 306 of IPC is not attracted.

7. The Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 has laid down the broad factors and parameters for the purpose of deciding an anticipatory bail. The same are as under:-

"112. (i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice;

(iv) The possibility of the accused's likelihood to repeat similar or other offences;

(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;

(vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;

(vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;

(viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

(ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

(x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of th