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2020 DIGILAW 838 (AP)

Alikana Ramu v. State of A. P.

2020-12-18

LALITHA KANNEGANTI

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ORDER : Lalitha Kanneganti, J. 1. This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.) to grant pre arrest bail to the petitioner/Accused in the event of his arrest in connection with Crime No. 296 of 2020 Cheepurupalli Police Station, Vizianagaram District, for the offence punishable under Section 306 r/w 34 of Indian Penal Code, 1860 (for short 'IPC'). 2. Heard Sri Jada Sravan Kumar, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. 3. The case of prosecution is that a complaint was given by the wife of the deceased stating that on 02.11.2020 at 7.00 PM, some altercation took place between the deceased and the petitioner herein where the petitioner threatened the deceased that he would send him to jail and see that he will not get bail on the ground that the deceased abused the petitioner in the name of caste. As he is afraid of the same, the deceased has committed suicide by consuming poison on 08.11.2020, he was taken to the hospital and he died on 10.11.2020 at 11.00 AM. Basing on that, the present crime is registered. 4. Learned counsel for the petitioner submits that even if the allegations in the complaint are taken into account, they do not constitute the offence punishable under Section 306 of IPC. He submits that when the deceased abused the petitioner in the name of caste, he has lodged a complaint and afraid of the same, if the deceased committed suicide, Section 306 IPC does not attract. He relied on the judgment of the Hon'ble Apex Court in Gangula Mohan Reddy vs. State of Andhra Pradesh : 2010 Law suit (SC) 327 wherein the judgment of Apex Court in Ramesh Kumar v. State of Chhattisgarh : (2001) 9 SCC 618 (2001 AIR SCW 4282) was referred. It is observed that "A three-Judge Bench of this court had an occasion to deal with a case of a similar nature. In a dispute between the husband and wife, the appellant-husband uttered "you are free to do whatever you wish and go wherever you like". Thereafter, the wife of the appellant-Ramesh Kumar committed suicide. In Para 20 of the judgment reads as under: "20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". In a dispute between the husband and wife, the appellant-husband uttered "you are free to do whatever you wish and go wherever you like". Thereafter, the wife of the appellant-Ramesh Kumar committed suicide. In Para 20 of the judgment reads as under: "20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out the present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation." 5. Learned counsel further submits that the petitioner is innocent of the alleged offence as such, he is entitled for pre arrest bail. 6. Learned Additional Public Prosecutor submits that there are allegations against the petitioner and because of the harassment of the petitioner, the deceased has committed suicide and he further submits that the investigation is in progress. 7. A close reading of the complaint reveals that when the deceased abused the petitioner in the name of caste, the petitioner threatened the deceased that he would lodge a complaint against the deceased and see that he will not get bail for six months and due to fear of the same, the deceased committed suicide. The allegations prima facie do not attract the offence under Section 306 IPC as such, this Court is inclined to grant pre arrest bail to the petitioner. 8. Accordingly, this Criminal Petition is allowed. The petitioner/Accused shall be enlarged on bail in the event of his arrest in connection with Crime No. 296 of 2020 of Cheepurupalli Police Station, on execution of self bond for Rs. 20,000/- (Rupees Twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Cheepurupalli Police Station, Vizianagaram District. Consequently, miscellaneous applications pending, if any, shall stand closed.