The Andhra Pradesh High Court in the case B. Sridevi Versus. The State Of Andhra Pradesh observed and has recently granted the pre-arrest bail to an accused under Section 306 of Indian Penal Code (punishment for abetment of suicide).
The bench comprising of Justice Subba Reddy Satti observed and placed reliance on Supreme Court judgement in the case Geo Varghese v. State of Rajasthan (2021), wherein to reiterate that mere allegation of harassment or pressure without any positive act would not suffice to attract the ingredients as prescribed under Section 306 of Indian Penal Code, 1860.
Facts of the Case:
A complaint was logged by the Wife of the deceased, wherein it is alleged that her husband i.e. the deceased for 9 years worked as Clerk in Primary Agriculture Cooperative Society. Since there was delay in collection of loans, his higher officers had been pressurizing her husband for collection of loans and the allegation was that due to the pressure made by accused for collection of loan and the deceased committed suicide. The crime was registered and the Accused No. 3 herein petitioner, based on the said complaint.
The Counsel appearing for the petitioner submitted that she was implicated in crime with mistaken impression. The petitioner stated that on the alleged date of incident, the other officials and petitioner and of the society were on assignment tour to represent training programme organized by the society and since nothing was attributed against the petitioner, with regard to abetment or instigation made by the petitioner. Therefore, as per the procedure she was the CEO and the President was responsible for giving instructions regarding recovery of loans the CEO and she had no direct contact with the deceased, the deceased was the Secretary of the Society.
COURT FINDINGS
The bench comprising of Justice Subba Reddy Satti observed in the case and placed reliance on Geo Varghese (supra) in which the Hon’ble Apex Court held that mere allegation of harassment will not attract offence prescribed under Sections 306 of IPC unless such actions compelled the victim to commit suicide.
It was observed that under Section 306 IPC, What is required to constitute an alleged abetment is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and by another person the mere allegations of harassment of the deceased would not be sufficient in itself, unless, on the part of the accused there are allegations of such actions which compelled the commission of suicide.”
The Court referred another case M. Mohan v. State of Tamilnadu (2011), wherein the Supreme Court stated that Section 306 involves a positive act in instigating the deceased to commit suicide.
The court while going by the complaint stated that there was no instigation or abetment made by the petitioner which led the deceased to commit suicide and hence, ingredients of Section 306 of the IPC are not made out prima facie.
Accordingly, the court allowed the Criminal Petition while granting bail to the petitioner.
