Andhra Pradesh High Court - Amravati
V Mohana Alias Mohan vs The State Of Andhra Pradesh on 1 February, 2021
Bench: Lalitha Kanneganti
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI,
MONDAY, THE FIRST DAY OF FEBRUARY 4
TWO THOUSAND AND TWENTY ONE '
:PRESENT: | i '
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI , &
CRIMINAL PETITION NO: 244 OF 2021 YO
Between:
V Mohana @ Mohan, S/o. Chinnappa, Age 50 Years, Occ Business, R/o.
Ammacheruvumitta, Madanapalle, Now residing at Barlapalli, H/o.
Cheekalabayalu, Madanapalle Mandal, Chittor District.
... Petitioner/Accused
AND
The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of
Andhra Pradesh at Amaravathi.
.... Respondent/Complainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the grounds filed the Criminal Petition, the High Court may be pleased to direct the
Station House Officer, Palamaneru Urban Police Station, Chittoor District, to release the
petitioner/accused on bail in the event of his arrest in connection with Crime
No.507/2020 of Palamaneru Urban Police Station, Chittoor District.
The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of Sri D Purnachandra Reddy
Advocate for the Petitioner, and of Public Prosecutor for the Respondent and the Court
made the following.
ORDER:
ay.
* P2357
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO. 241 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest
bail to the petitioner/accused in the event of his arrest in
connection with Crime No.507 of 2020 of Palamaner Urban Police
Station, Chittoor District registered for the offence punishable
under Section 306 of the Indian Penal Code, 1860 (for short
'T.P.C.').
2. The case of prosecution is that a complaint was lodged by
the wife of the deceased alleging that her husband ekes out
livelihood by doing stone crushing work. About six to seven
months back the deceased borrowed an amount of Rs.2,00,000/-
from the petitioner for the purpose of performing his daughter's
marriage. The petitioner has pressurized the complainant's
husband to repay the said amount and abused him. Unable to
bear the harassment the complainant's husband has also
switched of his cell phone. On the next day the petitioner sent one
person to the house of the complainant at 8:00 P.M. over whose
phone the petitioner contacted the complainant's husband and
abused him in filthy language, due to which her husband
committed suicide by hanging himself in the absence of the family
members. Basing on the said complaint the present crime is
registered.
3, Heard Sri D.Purna Chandra Reddy, learned counsel for the
petitioner and the learned Public Prosecutor for the respondent-
State.
4, Learned counsel for the petitioner submits that even if all
the allegations are taken on its face value they do not attract the
offence punishable under Section 306 of L.P.C. It is admitted fact
that the petitioner has lent an amount of Rs.2,00,000/- to the
complainant's husband for their daughter's marriage and just
because he demanded to repay the amount, the complainant's
husband has committed suicide which will not attract Section 306
LP.C.
°. 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 Public Prosecutor submits that investigation is in
progress and opposes the bail application.
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."
A bare reading of the provision, it is clear that to constitute
an offence under Section 306 IPC, the prosecution has to
establish: (i) that a person committed suicide, and (ii) that such
suicide was abetted by the accused. In other words, an offence
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under Section 306 would stand only if there is an "abetment" for
the commission of the crime.
8, In view of the above and 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
appropriate to grant pre-arrest bail to the petitioner.
9, Accordingly, this Criminal Petition is allowed. The
petitioner/accused shall be released on bail in the event of his
arrest in connection with Crime No. 507 of 2020 of Palamaner
Urban Police Station, Chittoor 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, Palamaneru Urban Police Station, Chittoor District.
Consequently, miscellaneous applications pending, if any, shall
stand closed. Lo
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Sd/-E.KameswaraRdao
ASSISTANT REGISTRAR
j UE COPY!/
| WR SECTION OFFICER
To,
The Station House Officer, Palamaneru Urban Police Station, Chittoor District.
One CC to Sri. D Purnachandra Reddy Advocate [OPUC] .
Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT]
One spare copy
RON
HIGH COURT
LKJ
DATED:01/02/2024
ORDER
CRLP.No.241 of 2021
DIRECTION
By
9 FEB 2021
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