Case Note & Summary
The petitioners, Honnesh and Pushpa (in Crl.P.No.2807/2020) and Varadaraja and Vanajakshi (in Crl.P.No.2820/2020), are parents of a deceased minor girl who allegedly committed suicide. They were arrested in Crime No.176/2020 of Sira Police Station for offences under Section 306 read with 34 IPC, Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006. The petitioners filed separate bail applications under Section 439 of the Code of Criminal Procedure, 1973 (CrPC). The court heard arguments from the petitioners' counsel, Sri. Sunil Kumar Patel, and the State's counsel, Sri. Mahesh Shetty. The court noted that the petitioners are the parents of the deceased and that the allegations primarily relate to the marriage of their minor daughter. The court observed that for an offence under Section 306 IPC, there must be a positive act of instigation or abetment, which was not evident from the material on record. The petitioners had been in custody since 10.06.2020, the investigation was complete, and a charge sheet had been filed. Considering the nature of allegations and the fact that the petitioners are parents, the court found that no prima facie case was made out against them. Consequently, the court allowed both petitions and granted bail to the petitioners subject to conditions, including executing a personal bond of Rs.1,00,000 with one surety, appearing before the court regularly, and not tampering with evidence.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Prima Facie Case - Petitioners, parents of deceased minor girl, sought bail for offences under Section 306 IPC, Sections 8, 12 POCSO Act, and Sections 9, 10 Prohibition of Child Marriage Act - Court held that allegations of abetment to suicide require active or direct act of instigation, which was absent - Petitioners were in custody since 10.06.2020, investigation completed, charge sheet filed - Bail granted on conditions (Paras 1-6). B) Criminal Law - Abetment to Suicide - Section 306 IPC - Ingredients - For conviction under Section 306 IPC, there must be a positive act of instigation or abetment by the accused - Mere allegation of marriage of minor daughter does not constitute abetment to suicide - Held that no prima facie case made out against parents (Paras 4-5).
Issue of Consideration
Whether the petitioners, who are parents of the deceased minor girl, are entitled to bail under Section 439 CrPC for offences under Section 306 IPC, POCSO Act, and Prohibition of Child Marriage Act.
Final Decision
Both criminal petitions are allowed. The petitioners shall be enlarged on bail in Crime No.176/2020 of Sira Police Station, subject to executing a personal bond of Rs.1,00,000 each with one surety, and on conditions including appearing before the court regularly and not tampering with evidence.
Law Points
- Bail
- Abetment to suicide
- Child marriage
- POCSO Act
- Prima facie case
- Section 306 IPC
- Section 439 CrPC
