Case Note & Summary
This is a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) filed by four petitioners (accused 1, 3, 6 and 7) seeking anticipatory bail in connection with Crime No. 189/2019 registered at Viveknagar Police Station, Bengaluru, for the offence under Section 306 of the Indian Penal Code, 1860 (IPC). The prosecution case is that the petitioners and other accused addressed the deceased as a prostitute, which allegedly caused her to feel humiliated and commit suicide by consuming BP tablets. The petitioners' counsel argued that the allegations were baseless and that the incident was merely a quarrel between neighbours. The High Court Government Pleader opposed the petition. The court noted that it had previously granted bail to accused 4 and 5 in Criminal Petition No. 191/2020. The court observed that whether the petitioners actually instigated the deceased to commit suicide is a matter to be proved by the prosecution, and the complaint contents suggest a quarrel between neighbours rather than clear instigation. Considering that petitioners 1, 3 and 4 are women and petitioner No.2 is aged about 19 years, and that their presence can be secured for investigation if needed, the court allowed the petition. The court ordered that in the event of arrest, the petitioners shall be released on bail upon executing a personal bond of Rs.50,000/- each with one surety, subject to conditions including appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Offence under Section 306 IPC - The court considered whether the petitioners, accused of abetting suicide by calling the deceased a prostitute, should be granted anticipatory bail. Held that the contents of the complaint disclose a quarrel between neighbours and not necessarily instigation to commit suicide; thus, bail granted. (Paras 2-3) B) Indian Penal Code - Abetment of Suicide - Section 306 IPC - Prima Facie Case - The court observed that whether the petitioners instigated the deceased to commit suicide is a matter to be proved by the prosecution, and the mere fact of addressing the deceased as a prostitute may not constitute instigation. (Paras 2-3)
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC for the offence under Section 306 IPC based on the allegations of instigation to commit suicide.
Final Decision
Petition allowed. In the event of arrest, the petitioners shall be released on bail on executing a personal bond of Rs.50,000/- each with one surety, subject to conditions including appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 306 IPC
- abetment of suicide
- instigation
- prima facie case
- neighborly quarrel
