Abetment Of Suicide - Mere Allegation Of Pressure Or Harassment Not Sufficient To Attract Section 306 IPC – Andhra Pradesh HC

The Bench of Justice Subba Reddy Satti observed –

"In the present case, going by the complaint, the deceased committed suicide due to pressure made by his higher officers. In view of the above law laid down by the Hon‟ble Supreme Court, mere allegation of pressure or harassment will not suffice to attract ingredients of Section 306 of IPC."

The Court also held that to attract the offence under Section 306 IPC, there should be instigation or abetment on the part of the accused.

In this case, the wife of the deceased lodged complaint alleging that her husband worked as a Clerk for nine years in the Primary Agriculture Cooperative Society and when he died, he was working as a secretary.

It was further alleged that since there was a delay in the collection of loans, his higher officers were pressurizing her husband for the collection of loans. Furthermore, one day when the deceased went to the office and did not receive his wife's call, she reached out to one of his colleagues and was asked to come to a government hospital. When the complainant reached there, she found her husband dead.

She alleged that due to the pressure made by the accused, the deceased committed suicide. Based on her complaint, the Petitioner was arrayed as Accused No. 3.

The Petitioner filed a petition before the High Court under Section 438 CrPC seeking pre-arrest bail for the offence under Section 306 IPC.

Counsel O. Kailashnath Reddy appeared for the Petitioner while SAPP Soora Venkata Sainath appeared for the Respondent-State before the Court.

The Court noted that while disbursing or collecting loans the procedure contemplated under the Co-operative Societies Act will be followed by the concerned officer. Therefore, the averments of the complaint with regard to the pressure made by the petitioner who is the CEO may not arise for the reason that in case of any defaults, the President and Secretary will follow the procedure contemplated under the Co-operative Societies Act.

Further, the single-judge Bench placed reliance on the decision of the Apex Court in the case of Geo Varghese v. State of Rajasthan and Another in which it was held that mere allegation of harassment will not attract offence under Sections 306 of IPC unless such actions compelled the victim to commit suicide.

The Court observed that in this case going by the complaint, there is no instigation or abetment made by the Petitioner which lead the deceased to commit suicide, and hence ingredients of Section 306 IPC are prima facie not made out.

"In Criminal Application (Apl) No.547 of 2017 the High Court of Judicature at Bombay, Nagpur Bench, Nagpur held 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," the Court opined.

Thus, the Bench held that it is clear that there should be instigation or abetment on the part of the petitioner which compelled the deceased to commit suicide. Going by the complaint due to the pressure put by higher officers, the deceased committed suicide and nothing is made out from the complaint with regard to abetment or instigation made by the petitioner.

The Court also held that as a prima facie case is not made out against the Petitioner since the complaint does not indicate abetment or instigation made by her, the Court is inclined to grant bail to the Petitioner.

Accordingly, the Court allowed the Petition and enlarged the Petitioner on bail.

Case Number - CRLP/4976/2022, dated July 14, 2022