ORDER

The petitioners have filed this petition under Section

438 of the Cr.P.C. seeking anticipatory bail in the event of their arrest in Chandra Layout Police station, Crime No.610/2023 registered for the offence punishable under Section 306 read with Section 34 of the IPC pending on the file of the 8th Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bangalore City.

2. The allegations of the prosecution are that the deceased is the son of the complainant and he was studying in Hotel Management Course at Administrative Management College (AMC), Bannerghatta Road, Bengaluru. It is further alleged that, there was certain issue between the deceased and a girl called Navya and she made the complaint against him. According to the prosecution subsequently, the present petitioners have initiated action against the deceased and he was suspended from the college. Later on, the deceased consumed some pills and committed suicide. It is further asserted that, he has also left a death note before committing suicide. On the basis of the same, complainant who is a mother of the deceased lodged a complaint on 28.12.2023 evening at 6.00 p.m., alleging that the petitioners have instigated the deceased in committing the suicide. On the basis of this complaint FIR came to be lodged and the petitioners apprehending their arrest have approached the learned Sessions Judge and learned Sessions Judge has rejected the anticipatory bail petition.

Hence, they are before this Court.

3. Heard the arguments advanced by the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.

4. After hearing the arguments and perusing the records, it is evident that the deceased Nikhil Suresh was studying Hotel Management Course at Administrative Management College (AMC), Bannerghatta Road, Bengaluru. It is further alleged that as per the advise of the College Management he and another student viz., Shivani went to Avenue Road to get stitched the uniform, and later it is noticed that some altercation took place between them. It is further alleged that subsequently, they abused each other and the matter went to Principal i.e., petitioner No.1. In the meanwhile, the girl students said to have made certain complaint against the deceased and on the basis of the complaint on 08.11.2023, itself petitioner No.1 submitted a letter to the concerned Bannerghatta Police Station for necessary action. Even the records disclose that on 08.11.2023 itself some of the students have also addressed a letter to the principal i.e., petitioner No.1 alleging that the deceased used to threatened them. Similar complaints were also received by the Principal on 07.11.2023 from a student by name Navya also. On the basis of these complaints, the petitioners set law in motion and referred the matter to the Police and it is asserted that Police have summoned the deceased and his mother and he was advised.

5. The allegations further discloses that thereafter, the deceased was suspended from the college and when the complainant and the deceased approached the Principal, he asked them to come after 15 days. Later on when the suspension was not revoked they again approached the Principal but he was not there and the second petitioner was in charge. It is alleged that, he refused to revoke the suspension and he asked them to pay the balance fees and take away the Transfer Certificate. It is alleged that then he returned to the house and left the home by stating that he will stay in PG but later on in PG he committed suicide by consuming certain Pills. Subsequently, on 28.12.2023 at 6.00 pm the complaint came to be lodged. The offence was noticed on

27.12.2023 at 9.30 am itself.

6. To attract the offence under Section 306 of the IPC, ingredients of offence under Section 107 of the IPC are required to be established by the prosecution regarding abetment or the instigation. But in the instant case, the action taken by the petitioners wer