Andhra Pradesh High Court - Amravati
Mule Goutham Suresh vs The State Of Andhra Pradesh on 15 March, 2021
Bench: Lalitha Kanneganti
.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FIFTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 1231 OF 2021
Between:
Mule Goutham @ Suresh, S/o Kondaiah, Hindu, aged about 19 years, R/o
S.R.No.71, Sreenadh Nagar, B.T.Kawade Road Croma, Hadapsar, Chorpadi,
Pune, State of Maharashtra.
...Petitioner/Accused
AND
The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of
Judicature of Andhra Pradesh at Amaravathi
...Respondent/Complainant
Petition under Sections 437 & 439 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 enlarge the petitioner on bail, in connection with offence in
FIR.No.1077/2020, dated 03-11-2020, on the file of Gajuwaka Police Station,
Visakhapatnam, for the offence punishable under Section 306 of IPC.
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
Rayaprolu Srikanth, Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following.
ORDER
QO Laces
S309"
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO. 1231 OF 2021
ORDER:-
This petition is filed under Sections 437 and 439 of the Code
of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular
bail to the petitioner/Accused in connection with Crime No.1077
of 2020 of Gajuwaka Police Station, Visakhapatnam District
registered for the offence punishable under Section 306 of Indian
Penal Code, 1860 (for short 'IPC'. Initially the case was registered
under Section 174 Cr.P.C, but later altered to Section 306 IPC.
2. The case of the prosecution is that a complaint was given
stating that the de facto complainant has two daughters, her elder
daughter has completed MBA, staying at home and for family
necessities, she has secured loan from online loan apps and as
she could not repay the loan, she has been receiving phone calls
and messages from the app admin/ persons. Due to this, she was
mentally disturbed and on 03.11.2020 at about 9.45 AM, she has
committed suicide by hanging herself. Basing on the said
complaint, the present crime is registered.
3. Heard Sri Rayaprolu Srikanth, learned counsel for the
petitioner and the learned Additional Public Prosecutor for the
respondent-State.
4. Learned counsel for the petitioner submits that the
petitioner is resident of Pune who is working in one of the online
apps and he was only doing his job by following the persons who
obtained loan for recovery of the said loan. Further the facts of the
case do not attract the offence under Section 306 IPC and he relied
on the judgment of the Bombay High Court in Crl.A.No.1052 of
2018.
5. Learned Additional Public Prosecutor on the other hand
submits that the investigation is pending and eight witnesses were
examined and other accused are also added who are responsible
for the offence, as such, the petitioner is not entitled for grant of
bail.
6. It is apt to have a look at Section 306 IPC which 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."
7. A bare reading of the provision makes it 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
under Section 306 would stand only if there is an "abetment" for
the commission of the crime.
8. In Criminal Application (Apl) No.547 of 2017 the High Court
of Judicature at Bombay, Nagpur Bench, Nagpur 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 tnal".
9. A perusal of the complaint clearly reveals that the only
allegation against the petitioner is that he demanded the deceased
to repay the loan amount and the petitioner is only an employee of
the online app and during his employment, he demanded the
deceased to repay the loan amount. Prima facie section 306 IPC do
not attract the allegations against the petitioner, this Court deems
it appropriate to grant bail to the petitioner.
10. Accordingly, the Criminal Petition is allowed. The
petitioner / Accused shall be released on bail 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
Court of the Ill Additional Chief Metropolitan Magistrate,
Gajuwaka, Visakhapatnam. The petitioner shall appear before the
Station House Officer, Gajuwaka Police Station, Visakhapatnam,
once in a month between 10.00 AM and 12.00 PM till filing of
charge sheet.
Consequently, miscellaneous applications pending, if any,
shall stand closed.
SD/- A.VIJAYA BABU
ASSISTANT REGISTRAR
TRUE COPY SECTION OFFICER
To,
The VI Addi. District & Session Judge, Mahila Court, Visakhapatnam.
The Ill Addl. Chief Metropolitan Magistrate Court, Gajuwaka, Visakhapatnam.
The Station House Officer, Gajuwaka Police Station, Visakhapantam.
One CC to Sri. Rayaprolu Srikanth, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy.
RWN>
Dan
HIGH COURT
LK,J
DATED:15/03/2021
ORDER
CRLP.No.1231 of 2021
DIRECTION
