TAMMA SRILAKSHMI Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition under Sec. 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioner on bail in the event of her arrest. The petitioner is A-3 in Crime No.526 of 2021 of I Town Police Station, Vijayawada City.

(2.) A case under Ss. 498A and 306 IPC was registered against the petitioner and other accused in the above crime. As per the prosecution case, A-1 is the husband of the deceased, A-2 is the brother of A-1 and A-3 is the concubine of A1. It is stated that A-1 has subjected the deceased to harassment by maintaining illegal contact with the petitioner herein, who is A3, with the help of his brother, who is A-2. Unable to bear the said harassment that the deceased committed suicide. Therefore, it is stated that A-1 and A-2 along with the petitioner herein, who is A3, are responsible for her suicidal death. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

(3.) As can be seen from the contents of the F.I.R, it is evident that the allegations regarding the harassment said to have been caused to the deceased is only against A-1 and A-2. It is nowhere stated either in the F.I.R or anywhere that the petitioner herein has subjected the deceased to any such harassment. The only allegation made against the petitioner herein is that A-1 got illegal intimacy with the petitioner herein and on account of the said illegal intimacy of A-1 with the petitioner that disputes cropped up between A-1 and the deceased and the deceased committed suicide. Therefore, no offence is prima facie made out against the petitioner either under Sec. 498A IPC or under Sec. 306 IPC. It is settled law that in order to constitute offence punishable under Sec. 306 IPC, the ingredients contemplated under Sec. 107 IPC regarding intentional instigation said to have been given by the accused to the deceased to commit suicide or intentional aid said to have been given by the accused to the deceased to commit suicide are to be established. The said ingredients are conspicuously absent in the present case. It is not the case of the prosecution that the petitioner herein has instigated or aided the deceased to commit suicide. Therefore, in the said facts and circumstances of the case, the accusation made against the petitioner herein is prima facie not well founded. So, she is entitled for pre-arrest bail.