Case Note & Summary
The petitioner, husband of the deceased, filed a petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with Crime No. 226/2019 registered by Banashankari Police Station for offences under Sections 306 and 498A of the Indian Penal Code, 1860. The case arose from the suicide of the petitioner's wife on 8 December 2019. The prosecution alleged that during a quarrel, the petitioner told his wife to 'go and die', and thereafter she committed suicide. Investigation was completed and a charge sheet was filed. The petitioner's counsel and the High Court Government Pleader were heard. The court noted that for an offence under Section 306 IPC, the prosecution must establish instigation. Mere utterance of the words 'Go and die' are not sufficient to constitute instigation. The court found no materials at that stage to deny bail. Accordingly, the petition was allowed and the petitioner was ordered to be released on bail upon executing a bond of Rs.1,00,000 with one surety, subject to conditions that he shall not threaten witnesses or tamper with evidence and shall appear regularly before the trial court until completion of trial.
Headnote
A) Criminal Law - Abetment of Suicide - Instigation - Indian Penal Code, 1860, Section 306 - The prosecution must prove that the accused instigated the deceased to commit suicide; mere utterance of 'Go and die' during a quarrel does not amount to instigation. The court held that such utterance is insufficient to deny bail and allowed the petition (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. when the alleged instigation consists solely of the utterance 'Go and die' during a quarrel
Final Decision
Petition allowed; petitioner released on bail on executing bond of Rs.1,00,000 with one surety, subject to conditions not to threaten witnesses and to appear regularly before trial court
Law Points
- For offence under Section 306 IPC
- prosecution must prove instigation
- mere utterance of words 'Go and die' not sufficient to constitute instigation
