The ingredients of Section 306 IPC require instigation or aiding of the deceased to commit suicide.

Order:

The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioners herein/A7 and A8 to grant anticipatory bail in connection with Crime No.116 of 2023 of Nagalapuram Police Station, Tirupathi.

2) A case has been registered against the petitioners herein and others for the offences punishable under Sections

498A, 306 and 323 read with 34 IPC.

3) Case of the prosecution, in brief is that on 05.12.2023 when the deceased questioned the illegal intimacy of her husband with A2, A1 to A6 beat the deceased with hands and A2 caught hold of the tuft of the deceased and pushed her down. A3 and A5 held the hands and legs of the deceased and A4 kicked on the chest of the deceased. Due to that she cried loudly. In the meantime, A1 fisted on her face. Due to the acts of the accused the deceased felt ashamed of the incident and due to the abatement made by A1 to A6 vexed with her life and consumed odisaku poison seeds on 07.12.2023 and later on

10.12.2023 while undergoing treatment in SVRGG Hospital, Tirupati she died.

4) Heard. Perused the record.

5) Learned counsel for the petitioners contends that the ingredients of Section 306 IPC have not attracted to the facts of the present case. It is further submitted that in order to attract Section 306 IPC, all the essential ingredients of Section 107 IPC have to be satisfied. In the present case, it is alleged that the petitioners herein along with other accused beat the deceased and assaulted her on 05.12.2023 and as per the case of prosecution the deceased consumed odisaku poison seeds on 07.12.2023, as there was difference of two days between the act of assaulting and committing suicide, there is no proximity. It is submitted by the learned counsel for the petitioners that A1 to A6 were already released on bail.

6) A perusal of material on record goes to show that, there is any amount of ambiguity whether an offence under Sections 306 IPC would attract to the present facts of the case or not. In order to attract an offence under Section 306 IPC, all the essential ingredients of Section 107 IPC have to be complied with and in the present case except stating that the petitioners herein along with other accused beat the deceased and assaulted her, except the said accusation there is absolutely no accusation as against the petitioners herein with respect of instigation or aiding of the deceased to commit suicide.

7) In the facts and circumstances of the case, this Court is inclined to consider request of petitioners for grant of anticipatory bail.

8) Accordingly, in the event of their arrest in the above crime, the petitioners shall be released on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioners shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioners shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between 10.00 A.M., and 01.00 P.M., for a period of three (3)

months.

9) Accordingly, the Criminal Petition is allowed.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

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T. MALLIKARJUNA RAO, J

05.02.2024.

ASR

HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.398 of 2024 Dated: 05.02.2024 ASR