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Mere Allegation Of Harassment Doesn't Attract S.306 IPC: AP High Court Grants Pre-Arrest Bail To Women Accused Of Abetting Their Husbands' Suicides
EKTA RATHORE
8 Aug 2022 10:15 AM GMT
A single judge bench of Justice Subba Reddy of Andhra Pradesh High Court granted anticipatory bail to two women accused of abetment of suicide by their husbands, in separate cases.There must be proof of direct or indirect acts of incitement towards the commission of suicide, the Court said. It noted that conviction under Section 306 of the Indian Penal Code cannot be sustained merely...
A single judge bench of Justice Subba Reddy of Andhra Pradesh High Court granted anticipatory bail to two women accused of abetment of suicide by their husbands, in separate cases.
There must be proof of direct or indirect acts of incitement towards the commission of suicide, the Court said. It noted that conviction under Section 306 of the Indian Penal Code cannot be sustained merely on allegations of harassment, without there being any positive action proximate to the time of occurrence on part of the accused, which led or compelled another person to commit suicide.
In Criminal Petition No. 4279 of 2022, the Court found that the complaint indicated neither instigation by the petitioner to the deceased to commit suicide.
In this case, it was alleged that the Petitioner-wife used to quarrel with her deceased husband, annoy him before his friends, and even had an extra-marital affair.
The Court noted that the petitioner's father-in-law had merely alleged that she used to harass the deceased. There was no specific allegation of instigation. Moreover, it recorded the Petitioner's contention that the case was registered as a counterblast to her complaint under Section 498A IPC.
Similarly, in Criminal Petition No. 5444 of 2022, the petitioner's father-in-law (and father of the deceased) lodged the complaint, alleging that his son committed on account of pressure and harassment from his in-laws. The Court found that there was no instigation made by the petitioner which led the deceased to commit suicide and hence, the ingredients of Section 306 are prima facie made out.
In both cases, the Court referred to Geo Varghese v. State of Rajasthan and Anr. and M. Mohan v. State of Tamil Nadu, and held that, before holding an accused guilty of an offence under Section 306 of IPC, the Court must scrupulously examine the facts and circumstances of the case and access the evidence adduced before it to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to commit suicide.
Bail was granted in both the cases.
Citation: 2022 LiveLaw (AP) 105
