Nandan vs State by Nazarbad Police Station

This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offence punishable under Section 306 of IPC registered in respondent police station Crime No.261/2017.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that no material has been placed by the prosecution to attract the alleged offence under Section 306 of IPC as against the petitioner herein. In this connection, learned counsel for the petitioner read the provisions of Section 306 of IPC, so also, Section 107 of IPC and submitted that to attract the said offence as against the petitioner, the prosecution has to show that there is an abetment of commission of suicide from the petitioner to the deceased. As per the prosecution material, the petitioner herein sent the message to the mobile phone of the deceased and because of that reason, she committed suicide. In this regard he referred to paragraph No.9 of the order of the learned Sessions Judge wherein it is stated that, "along with the objections, learned Public Prosecutor has produced print out of screen shot of messages sent to the mobile phone of deceased" and submitted that even it is assumed for the sake of argument that such a message has been sent by the petitioner to the deceased, that itself will not make out a case of abetment to commit suicide by the deceased. It is also his submission that sometimes a person may go to depression and it all depends upon person to person. To involve the petitioner in the alleged offence of Section 306 of IPC absolutely there is no such material placed by the prosecution. Petitioner is ready to abide by any reasonable conditions to be imposed. He will co-operate with the investigating agency. Hence, by imposing reasonable conditions, he may be admitted to anticipatory bail.

Per-contra, learned High Court Government Pleader referring to the contents of the complaint filed by the father of the deceased dated 16.11.2017 has submitted that petitioner has not only sent message to the mobile phone of the deceased, but also went to the PG where she was staying and made galata with the deceased and assaulted her and even posed threat that he will not allow her to go for examination and in that connection, she called to her friend Loreno requesting her to accompany her to go to the examination centre stating that Nandan-petitioner herein will not allow her to attend the examination and is giving ill-treatment to her. He has submitted that the material on record prima facie show the involvement of the petitioner in committing the alleged offence. Therefore, petitioner is not entitled to be granted with anticipatory bail.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

As per the submission of the learned counsel for the petitioner the only material against the petitioner is the message alleged to have been sent by him to the deceased through his mobile phone. But the averments made in the complaint shows that the neighbours of the PG told the complainant about petitioner coming to the PG, picking up quarrel with the deceased and even assaulting her and posing threat that he will not allow her to go to examination centre. It is also mentioned that deceased had requested her friend Loreno to accompany her to the examination centre. Regarding these averments made in the complaint, a thorough investigation is to be conducted by the prosecution. Looking to the materials placed on record, I am of the opinion that it is not a case for grant of anticipatory bail.

Accordingly, petition is hereby rejected.

At this stage, learned counsel for the petitioner submitted that petitioner is prepared to surrender before the concerned Court. In case if he surrenders and makes an application seeking his release on regular bail, the concerned Court shall consider the same on priority basis and shall dispose of the same in accordance with law and if possible, on the same day.