THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION Nos.7109 and 7110 OF 2022
COMMON ORDER:-
These petitions are filed under Section 438 of the Code
of Criminal Procedure, 1973, to enlarge the petitioners on bail
in the event of their arrest.
2. The petitioner in Crl.P.No.7109 of 2022 is A-4 and the
petitioners in Crl.P.No.7110 of 2022 are A-1, A-6 and A-7 in
Crime No.201 of 2022 of Razole Police Station, Konaseema
District. A case under Section 306 read with 34 IPC was
registered against the petitioners and others in the above
crime.
3. It is the case of the prosecution that the VRO-IV of
Razole, who is de facto complainant, lodged a report stating
that when he engaged in his routine work at Tahsildar Office,
Razole, he witnessed one lady had poured petrol over her
person and set herself ablaze and she was engulfed by the
flames and nearby people extinguished the flames by
sprinkling the water and she received extensive burn injuries
and that she was shifted to Community Centre, Razole and
thereafter, shifted to Government General Hospital, Kakinada
and on enquiry he came to know that she is one Yerramsetti
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Vijaya Durga and the report given by the said VRO was
registered as a crime under Section 309 IPC. This case was
initially registered for the offence under Section 309 IPC
against the deceased which was subsequently altered to
Section 309 read with 109 IPC against the petitioners and
others and subsequent to the death of the injured person, the
Section of law was altered to Section 306 read with 34 IPC in
the above crime.
4. Heard Sri C.R.Kalyan and Sri N.Siva Reddy, learned
counsel for the petitioners and learned Special Assistant Public
Prosecutor for the respondent-State.
5. Learned counsel, Sri N.Siva Reddy, in elaboration to what has been stated in the petition contended that though initially, FIR was registered under Section 309 IPC later basing on the alteration memo, it was altered into Section 306 read with 34 IPC and further contended that even in the complaint on its face value, the ingredients under Section 306 IPC does not attract against the petitioners. It is further contended that basing on the omnibus allegations and without there being any abatement, the petitioners are falsely implicated in this case and if the petitioners are arrested, their reputation in friends and family will be affected, hence, 3 prayed to grant pre-arrest bail to the petitioner by imposing conditions.
6. Learned counsel Sri Kalyan C.R., contended that the ingredients of abatement are not found place in the present case, as such, the present application can be considered and in support of his contention he relied upon the judgment in the case of M. Mohan v. State of Tamilnadu1.
7. On the other hand, learned Special Assistant Public Prosecutor on instructions contended that wherein a suicide note has been found and placed the same on record and contended that there are ingredients under Section 306 IPC and in the event, if pre-arrest bail is granted, the petitioners may not cooperate with the investigation and may tamper with the evidence and hamper the process of investigation, hence, sought for dismissal of the petition.
8. On perusal of the FIR and the suicide note prima facie the ingredients under Section 306 IPC do not found place against the petitioners.
9. Section 306 IPC reads as under:
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(2011) 3 SCC 626 4 "306. Abetment of suicide - if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
10. The Hon'ble Apex Court in M. Mohan v. State of Tamilnadu while dealing with ingredients of Section 306 of IPC held as under:
"Before holding an accused guilty of an offence under Section 306 of IPC, the court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative, but to commit suicide. It is also to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 of IPC is not sustainable".
11. Taking the submissions of the learned counsel for the petitioners and the material available on record into consideration and prima facie the ingredients of Section 306 IPC are not found at this stage. As such, this Court is inclined to grant pre-arrest bail to the petitioners by taking into 5 consideration the judgment referred supra and also by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration with the following conditions:
i) The petitioners/A-1, A-4, A-6 and A-7 shall be released on bail in the event of their arrest in connection with Crime No.201 of 2022 of Razole Police Station, Konaseema District, on condition of executing a self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a likesum each to the satisfaction of the Station House Officer of Razole Police Station, Konaseema District.
ii) The petitioners shall appear before the Station House Officer of Police Station, Razole, Konaseema District once in a week i.e., on every Sunday between 10.00 a.m. and 12.00 noon till filing charge sheet;
(iii) Apart from that the petitioners shall appear before the Investigating Officer whenever called by the Investigating Officer for the purpose of investigation;
(iv) The petitioners shall not directly or indirectly contact any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing 6 the witnesses and shall not tamper the evidence and shall co- operate with the investigation;
Further, the petitioners shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of the bail and in such case prosecution shall move appropriate application for such cancellation.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering bail in the above crime and shall not have any bearing in any other proceedings.
Accordingly, these Criminal Petitions are allowed. Miscellaneous applications, pending if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI Date : 20.09.2022 SPP 7 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION Nos.7109 and 7110 OF 2022 Date : 20.09.2022 SPP