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HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.K. RAMAKRISHNAN
Parthasarathi – Appellant
Versus
The Deputy Superintendent of – Respondent
Bail - Appeal against dismissal of bail - Bharathiya Nyaya Sanhita, 2023; SC/ST (Prevention of Atrocities Amendment Act, 2015) - Sections 108, 308 - Examination of the applicability of provisions and sufficiency of evidence.
Fact of the Case:
The appellant, accused of instigating a suicide under relevant sections of law, was denied bail by the lower court citing ongoing investigation. The deceased consumed poison allegedly due to the appellant's actions regarding repayment of a debt.
Finding of the Court:
The court found that the deceased did not belong to the SC/ST community, thus negating the applicability of SC/ST provisions. It further noted lack of evidence supporting the claim that the appellant instigated the suicide.
Issues: Whether the appellant's actions constituted instigation for suicide, and if the SC/ST Act provisions were applicable given the victim's caste status.
Ratio Decidendi: The court concluded that without evidence of instigation and given the victim's caste status, the charges against the appellant under the respective sections were not substantiated.
Final Decision: The appeal was allowed, bail granted with conditions.
This appeal has been filed to set aside the order dated 10.07.2024 in Cr.M.P.No.2337 of 2024 on the file of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and enlarge the petitioner on bail.
2.The appellant is A1, in Crime No.201 of 2024 on the file of the second respondent Police. He is said to have committed the offence under Sections 108 and 308 of Bharathiya Nyaya Sanhita (BNS), 2023.
Subsequently, the offences were altered as 108, 308(ii) of the Schedule Caste and the Schedule Tribes(Prevention of Atrocities Amendment Act, 2015).
3.The case of the prosecution is that on 02.07.2024, when the defacto complainant was at her residence at about 6.45 p.m. her husband came home and told her that he had vomiting sensation and also puked.
When the same was enquired, her husband informed that he consumed poison and further informed that the petitioner along with 2 others insulted him and verbally abused him, as he failed to repay the amount payable to the petitioner. Further, the petitioner has also intimidated him and taken the money from the bank account of the husband of the defacto complainant and also scolded as to why he was still alive and because of this insult and incident, he consumed poison. Immediately, he was admitted in Government Hospital. The Doctor has referred him for further treatment.
Unfortunately, the doctors declared him dead. Hence, a complaint was lodged before the second respondent Police and the same was registered under Sections 108 and 308 of Bharathiya Nyaya Sanhita (BNS), 2023.
Subsequently, the offences were altered as 108, 308(ii) of the Schedule Caste and the Schedule Tribes(Prevention of Atrocities Amendment Act, 2015). Thereafter, the appellant was arrested on 03.07.2024.
4.The Appellant has filed the bail petition before the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and the same was dismissed by passing the impugned order dated 10.07.2024, stating that investigation is at early stage. Challenging the same, the appellant has filed this criminal appeal before this Court.
5.The learned Counsel for the appellant submits that according to the prosecution on 02.07.2024, the appellant is said to have scolded the deceased to repay the amount due to him. Hence on 02.07.2024, he consumed poison and committed suicide. The deceased is not a Schedule Caste and the offence under Sections 108 and 308(ii) of the Schedule Caste and the Schedule Tribes(Prevention of Atrocities Amendment Act, 2015) is not made out. There are no materials to show that he instigated the deceased to commit suicide. The deceased worked as a driver cum fitter in the appellant's match factories. In the last week of May 2024, there was theft in the said factory. Therefore, he got ashamed and voluntarily resigned his job. Before his resignation in the year 2024, he borrowed money from the appellant to meet out the medical expenditure of his mother. At the time of resignation, he assured to repay the said amount within a short time. Hence, it is alleged that the appellant has demanded the same in the bank and he is said to have committed suicide. In the said process, no ingredients of offences under Sections 108 and 308(ii) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities Amendment Act, 2015) were made out. He further submitted that he is the owner of the match factory and false case was registered against him and he is in custody from 03.07.2024 onwards. Therefore, he seeks bail.
6.The learned Government Advocate(Crl.side) would submit that investigation is at early stage and due to act of the appellant, the deceased committed suicide. Therefore, he seeks for the dismissal of this case.
7.The learned Counsel for the defacto complainant also submitted that due to scolding of the appellant, the deceased committed suicide.
Therefore, he is not entitled to bail. The learned Counsel for the defacto complainant also submits that there is threat to
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