29 July 2022 5:43 AM GMT
The Andhra Pradesh High Court recently granted pre-arrest bail to an accused under Section 306 of Indian Penal Code (punishment for abetment of suicide). Justice Subba Reddy Satti placed reliance on Supreme Court decision in Geo Varghese v. State of Rajasthan (2021) to reiterate that mere allegation of pressure or harassment without any positive act would not suffice to attract...
The Andhra Pradesh High Court recently granted pre-arrest bail to an accused under Section 306 of Indian Penal Code (punishment for abetment of suicide).
Justice Subba Reddy Satti placed reliance on Supreme Court decision in Geo Varghese v. State of Rajasthan (2021) to reiterate that mere allegation of pressure or harassment without any positive act would not suffice to attract ingredients of Section 306 of IPC.
Brief Facts of the Case
The case of the prosecution was that wife of the deceased lodged complaint alleging that her husband i.e. the deceased worked as Clerk for nine years in Primary Agriculture Cooperative Society. It was alleged that since there was delay in collection of loans, his higher officers had been pressurizing her husband for collection of loans. The allegation was that due to the pressure made by accused, the deceased committed suicide. Based on the said complaint, the crime was registered and petitioner herein is Accused No. 3.
The counsel for petitioner submitted that she was implicated in crime with mistaken impression. The petitioner stated that on the alleged date of incident, petitioner and other officials of the society were on assignment tour to represent training programme organized by the society and since nothing was attributed against the petitioner, with regard to abetment or instigation made by the petitioner. Furthermore, she was the CEO and as per the procedure, the President was responsible for giving instructions regarding recovery of loans the CEO and she had no direct contact with the deceased who was the Secretary of the Society.
Finding of the Court
Justice Subba Reddy Satti placed reliance on Geo Varghese (supra) in which the Hon'ble Apex Court held that mere allegation of harassment will not attract offence under Sections 306 of IPC unless such actions compelled the victim to commit suicide.
"What is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment 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."
In another case M. Mohan v. State of Tamilnadu (2011), it was held by Supreme Court that Section 306 involves a positive act in instigating the deceased to commit suicide.
"Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 of IPC is not sustainable."
In the present case, going by the complaint there was no instigation or abetment made by the petitioner which led the deceased to commit suicide and hence, ingredients of Section 306 are prima facie not made out, Court said.
Accordingly, the Criminal Petition was allowed granting bail to the petitioner.
Counsel for the petitioner - Sri O. Kailashnath Reddy,
Counsel for Respondent- State- Assistant Public Prosecutor Sri Soora Venkata Sainath
Case Title: B.SRIDEVI Versus THE STATE OF ANDHRA PRADESH
Citation : 2022 LiveLaw (AP) 102
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