Case Note & Summary
The petitioner, Ismail Zabeeulla, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.112/2020 registered by Kadugondanahalli Police Station, Bengaluru, for the offence punishable under Section 306 of the Indian Penal Code, 1860 (IPC). The petitioner had previously filed a bail application before the learned XLV Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc. No.31/2020, which was dismissed on 12.5.2020. The present petition was heard through video conference. The substance of the complaint, as per the FIR, was that the complainant, the mother of the deceased, lodged a complaint on 13.4.2020 alleging that the incident occurred on 12.4.2020 at the address mentioned in the cause title of the accused. The court examined the FIR allegations and found that the allegations did not disclose any active abetment or instigation by the petitioner to commit suicide. The court noted that the ingredients of Section 306 IPC were not made out. Consequently, the court allowed the petition and granted bail to the petitioner subject to certain conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Abetment of Suicide - Section 306 IPC - The petitioner sought bail in a case registered for abetment of suicide. The court considered the FIR allegations and found no prima facie evidence of instigation or active abetment. Held that the petitioner is entitled to bail as the ingredients of Section 306 IPC are not made out. (Paras 7-9)
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for the offence punishable under Section 306 IPC.
Final Decision
The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.112/2020 of Kadugondanahalli Police Station, Bengaluru, for the offence punishable under Section 306 IPC, subject to conditions.
Law Points
- Bail
- Abetment of suicide
- Section 306 IPC
- Section 439 CrPC
- Prima facie case
- Instigation
