B Somanna Dora vs The State Of Andhra Pradesh
2021 Latest Caselaw 1014 AP

Citation : 2021 Latest Caselaw 1014 AP
Judgement Date : 19 February, 2021

Andhra Pradesh High Court - Amravati

B Somanna Dora vs The State Of Andhra Pradesh on 19 February, 2021

Bench: Lalitha Kanneganti

<< i

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI~

  
  
   

FRIDAY, THE NINETEENTH DAY OF FEBRUARY ~~
TWO THOUSAND AND TWENTY ONE

:PRESENT:

CRIMINAL PETITION NO: 834 OF 2021 ---~
Between:
B Somanna Dora, S/o Chakra Rao, aged about 41 years, R/o PL-Puram Village,

Payakaraopeta Mandal, Visakhapatnam District.
...Petitioner/A3 --

AND
The State of Andhra Pradesh, rep by its Public Prosecutor, Kovvuru Police
Station, High Court at Amaravathi.

...Respondent ~
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds filed in Criminal Petition, the High Court may be pleased
to release the petitioner/A3 on Anticipatory bail in the event of his arrest in FIR.No.107

of 2019 on the file of the Kovvuru Town Police Station. --

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the arguments of Sri
V VN Narayana Rao, Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following. -~
ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANN EGANTI + CRIMINAL PETITION NO.834 OF 2021 etn SSRN NO.834 OF 2021

This petition ig filed under Section 438 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest

they suffered mentally and committed suicide. Hence, requested to

Urban, East Godavari District, Which was later transferred to

Kovvuru Police Station for want of Jurisdiction and the same is

numbered as Crime No.107 of 2019 by the Police, Kovvuru Town

Police Station, West Godavari District.

3. Heard Sri V.V.N.Narayana Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the

respondent-State.

4, Learned counsel for the petitioner submits that during the investigation it has come to light that deceased No.3 i.e. the son of the complainant's brother designed a project for manufacturing solar cars and in that course deceased No.3 and his friends got registered Alteza Motor Private Limited as a company through online for which they paid Rs.23,85,000/- to the accused for purchasing site. But the accused did not deliver any land to deceased No.3 or his friends and also did not return the amount inspite of repeated requests due to which the victims suffered mentally and jumped into Godavari River with an intention to commit suicide. Learned counsel for the petitioner submits that if a person commits suicide merely on the ground of financial transactions, the same will not be attracted under Section 306 of

L.P.C.

5. Learned counsel places relies upon a judgment passed in Criminal Application (Apl) No.547 of 2017 by High Court of Judicature at Bombay, Nagpur Bench, Nagpur wherein it was

observed that:

«"«

- an abetment involves mental process of instigating the person or intentionally aiding the person for doing of a thing. Without a positive act on the part of the accused in aiding or instigating or abetting the deceased to commit suicide, the said

person cannot be compelled to face a trial".

6. Learned Additional Public Prosecutor submits that there are clear allegations against the petitioner along with other accused who alleged to have cheated deceased No.3 and therefore, the

petitioner is not entitled for pre-arrest bail.

7. Section 306 IPC reads as under :

"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."

8, A bare reading of the provision clearly shows that to constitute an offence under Section 306 IPC, the prosecution has to establish: (i) that a person committed suicide, and (ti) that such suicide was abetted by the accused. In other words, an offence under Section 306 would stand only if there is an "abetment' for

the commission of the crime.

9, In the case on hand in the entire complaint the allegations against the petitioner are that he cheated deceased No.3 and his friends who have paid Rs.23,85,000/- to the petitioner and the other accused for purchasing a site. In view of the financial disputes between the parties as the accused failed to return the amount or deliver the land as agreed inspite of repeated demands the victims have committed suicide and the same does not amount

to abetment.

10. In view of the above, taking into consideration the allegations in the complaint which do not attract offence under

Section 306 I.P.C. and in view of the judgment of the High Court of

Judicature of Bombay (referred to supra), this Court deems it Pe

appropriate to grant pre-arrest bail to the petitioner.

11. Accordingly, this Criminal Petition is allowed. The petitioner/A3 shall be released on bail in the event of his arrest in connection with Crime No. 107 of 21019 of Kovvur Town Police Station, West Godavari District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Kovvur Town Police Station, West Godavari District.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

Sd/-M.RameshBabuw"

ASSIS STANT. apynaeren AR

To, . . . .

4. The Station House Officer, Kovvuru Police Station, West Godavari District. -~

2 One CC to Sri. VVN Narayana Rao, Advocate [OPUC] ~

3. Two CCs to Public Prosecutor, High Court of AP [OUT}~

4. One spare copy.

MSB

HIGH COURT

LK,J