The ingredients for abetment under Section 306 IPC must be clearly established; mere abusive words do not suffice.

ORAL ORDER

The petitioner, sole accused, who now faces the allegation of abetment to suicide punishable under Section 306 of the IPC for the suicide of father of the complainant stands at the doors of this Court seeking its quashment.

2. Heard the learned Senior Counsel Mr.D.R.Ravishankar, appearing for the petitioner, the learned counsel Mr.H.P.Leeladhar, representing for the respondent- complainant and the learned Additional State Public Prosecutor Mr. B.N. Jagadeesha representing the State.

3. The facts enumerated are as follows:

The petitioner is a practicing advocate. Certain civil litigations were pending between the family of the deceased and one Jayarame Gowda for close to 3 decades prior to the date of death. The issue in the lis pertains to a certain piece of land of 4 acres and 10 guntas, which was placed as surety to a particular transaction. Though the loan had been cleared on the act of the present petitioner, it is alleged that the land had not been released on the said surety. Therefore, the father of the complainant consumes poison and commits suicide. The axe of abetment to suicide now falls upon the present petitioner. The moment the crime is registered, the petitioner is at the doors of this Court and this Court has protected the interest of the petitioner by grant of an interim order of stay of further investigation.

4. The learned Senior Counsel appearing for the petitioner, taking this court through the documents appended to the petition, would seek to demonstrate that the allegations made in the complaint by the son is that the petitioner had hurled abuse against the complainant's father - "go and die", and further, that the land which was subject matter of surety was not released or despite released was not handed over all by the acts of the present petitioner. Learned Senior counsel would submit that none of the ingredients that are necessary to drive home an offence under Section 306 of the IPC , for which the ingredients of Section 107 of the are necessary to be present, are conspicuously absent in the case at hand. He would therefore seek quashment of the proceedings.

5. Learned counsel appearing for the complainant would reiterate the contents of the complaint and contend that the matter is at the stage of investigation. In a case for the offence punishable under Section 306 of the IPC , which is abetment to suicide, investigation in the least must be permitted to be continued. Therefore, he would seek dismissal of the petition.

6. The learned Additional State Public Prosecutor would also toe the lines of the counsel appearing for the complainant and seeking dismissal of the petition and conduct of investigation.

7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

8. The afore-narrated facts and dates linked in the chain of events are all a matter of record. The petitioner now stands charged albeit by way of an FIR for the offence punishable under Section 306 of the IPC . Since the entire issue has now triggered from the complaint, I deem it appropriate to notice the complaint. The complaint reads as follows:

9. It is the case of the complainant, the son of the deceased, that the father had certain parcels of land which was subject matter of certain proceedings and about 4 or 5 years ago, the petitioner had transferred the lands to the names of his children and therefore, complainant alleges that