This Criminal Revision Petition under Section 397

read with Section 401 of Cr.P.C. is filed by the petitioner -

5 praying to set-aside the order dated 08.04.2022 in

Special Case No.49/2021 (Crime No.278/2017 of Sirwar

Police Station), passed by the learned II Addl. District and

Sessions Jude, Raichur and discharge the petitioner by

allowing the application under Section 227 of Cr.P.C.

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02. The summary of the charge-sheet is that, the

deceased was married to the accused No.1 and since she

did not give birth to a child, she used to harass the

deceased and voluntarily deserted and started residing in

her parental home. When the deceased and the de-facto

complainant went, and requested her to return to

matrimonial home, the accused used to tease him about

his potency and asked him to go and die. The petitioner -

accused No.5 who is the Police Sub Inspector stated that,

she would target the deceased. He was not a suitable

husband to her sister i.e., accused No.1 and his existence

is of no purpose. The allegation is that the petitioner -

accused No.5 herein and other accused abated the

deceased to commit suicide.

03. The deceased left behind the death note before

committing suicide. In the said death note, the specific

allegation against petitioner - accused No.5 is that she is

working as Police Sub Inspector and she has threatened

the deceased that she would target him.

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04. The

petitioner

-

accused

No.5

filed

an

application under Section 227 of Cr.P.C. for the discharge.

The

learned

Sessions

Judge,

dismissed

the

said

application. Against which the present revision petition is

filed.

05. Heard the learned counsel for the petitioner –

accused No.5 and the learned High Court Government

Pleader for the respondent – State.

06. The point that arise for my consideration is

that;-

Whether

questioning

the

potency

of

the

deceased and also stating that she would target

the deceased when she is appointed as PSI

satisfy the essential ingredients to constitute an

offence punishable under Section 306 or not?.

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07. The Hon’ble Supreme Court in the case of Geo

Varghess vs. State of Rajasthan and others, reported

in AIR 2021 SC 4764, at Para No.22, 39 and 40, has

held as under:-

"22. What is required to constitute an alleged

abetment of suicide under Section 306 Indian

Penal Code is there must be an allegation of

either direct orf indirect act of incitement to the

commission of offence of suicide and mere

allegations of horsemint of the deceased by

another person would not be sufficient in itself,

unless, there are allegations of such actions on

the part of the Accused which compelled the

commission of suicide. Further, if the person

committing suicide is hypersensitive and the

allegations attributed to the accused is otherwise

not ordinarily expected to induce a similarly

situated person to take the extreme step of

committing suicide, it would be unsafe to hold

the accused guilty of abetment of suicide. Thus,

what is required is an examination of every case

on its own facts and circumstances and keeping

in consideration the surrounding circumstances

as well, which may have bearing on the alleged

action of the accused and the psyche of the

deceased.

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39. Insofar as, the suicide note is concerned,

despite our minute examination of the same, all

we can say is that suicide note is rhetoric

document, penned down by an immature mind.

A reading of the same also suggests the

hypersensitive temperament of the deceased

which led him to take such an extraordinary

step, as the alleged reprimand by the accused,

who was his teacher, otherwise would not

ordinarily

induce

a

similarly

circumstanced

student to commit suicide.

40. In the absence of any material on record

even, prima-facie in the FIR or statement of the

complainant,

pointing

out

any

such

circumstances showing any such act or intention

that he intended to bring about the suicide of his

student, it would be absurd to even think that

the appellant had any intenti