KIRAN HIMATLAL GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), the appellant has challenged the order dated 22.02.2021 passed in Criminal Misc. Application No.73/2021 by the learned 4th Additional Sessions Judge, Gandhidham-Kuchchh, whereby, the application filed by the appellant seeking anticipatory bail under Section 438 of the Cr.P.C in the event of their arrest in Connection with the FIRbeing C.R.No.11993006201925/2020, registered at "A" Division Gandhidham Police Station, Dist. Kuchchha, for the offence punishable under Sections 306, 114 of the Indian Penal Code and Sections 3(2)(v) of the Atrocities Act, has been dismissed.

(2.) Heard Mr.R.K. Rajput, learned counsel for the appellant and Ms. Krina Calla, learned APP for the respondent State. Though served, none appears for respondent No.2-original complainant.

(3.) Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the alleged offence. It is also submitted that the allegations made in the FIR do not constitute any offence under the provisions of the Atrocities Act and the allegations pertaining to the offence under the provisions of Indian Penal Code, prima facie, are also, false, concocted and misconceived and disclose with malafide intention. It is submitted that prima facie, the ingredients for the alleged offences punishable under Section 294 or 506 or 306 or 323 of the Indian Penal Code are not made out in the facts of the present case. In this regard, learned counsel for the appellant has relied upon the judgment of the Hon'ble Supreme Court in the case of M.Arjunan Vs. The State represented by its Inspector of Police (2019)3 SCC 315, wherein, the Hon'ble Supreme Court has held as under: The essential ingredients of the offence under Section 306 of the Indian Penal Code are: (i) the abetment;(ii)the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 of the Indian Penal Code.