1 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.3123 of 2025 Order: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein/A3, seeking anticipatory bail, in connection with Crime No.174 of 2021 of Chilamathur Police Station, Ananthapuramu district. 2. A case has been registered against the petitioner herein and others for the offence punishable under Section 306 read with 34 IPC. 3. Case of the prosecution, in brief, is that the husband of the de facto complainant namely Narasinga Murthy borrowed Rs.1000/- from A1 namely Boya Anji @ Nalla Anji to meet their family expenses. On 15.04.2021, at about 03.30 Pm, A1 came to the house of the de facto complainant and Narasinga Murthy and pressed them to return the said loan amount immediately and beat the husband of the de facto complainant on his head. Meanwhile, A2 to A4 came and supported A1 and they all insulted Narasinga Murthy by saying that “if you are not capable to repay the loan amount, go somewhere and die”. On 2 16.04.2021 at about 06.00 pm, the de facto complainant and her father and relatives found Narasinga Murthy dead in Handri Neeva Canal near Brahmeshwarampalli village (near Seetharamireddy’s farm). It is alleged that Narasimha Murthy committed suicide because the accused insulted him severely as he could not repay the borrowed amount. 4. Learned counsel appearing on behalf of the petitioner herein submits that even accepting the accusations attributed against the accused to be true, the offence under Section 306 IPC would not attract against them, as mere abuses on the deceased would not in any way come within the purview of Section 306 IPC. 5. On the other hand, learned Additional Public Prosecutor submits that specific accusations have been made against the accused that they are alleged to have beat the deceased on the pretext that the amounts that have been lent to the deceased have not been repaid back to the petitioner herein. He further submits that the accused are alleged to have abused the deceased stating that “if you are not capable to repay the amount, go somewhere and die”. 3 6. Heard. Perused the record. 7. A perusal of the material on record goes to show that the deceased had taken an amount of Rs.1,000/- from A1 and he did not repay the same. On the date of incident i.e., on 15.04.2021, the petitioner herein and others are alleged to have gone to the house of the deceased and beat him. It is further alleged that they also abused the deceased stating that “if you are not capable to repay the amount, go somewhere and die”. Thereafter, the deceased left the house and he was found dead in a Canal on 16.04.2021 by the de facto complainant and her relatives. 8. In order to attract the offence under Section 306 IPC, it is essential that all the ingredients of Section 107 IPC have to be satisfied. There should be an instigation, intentional aiding and driving a person to commit suicide. Mere allegation of harassing the deceased by the accused, would not suffice to say that the offence under Section 306 IPC would be attracted, unless such action would compulse the deceased to commit suicide. In the present case on hand, the petitioner herein and other accused are alleged to have gone to the house of the deceased in order to 4 collect the amount that was lent to him. In such circumstances, it is quite normal that some abuses might have hurled against the deceased, but, prima facie, the same could not come within the purview of Section 306 IPC. The same needs examination. It is represented that the other accused in the present crime were granted regular bail. 9. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein/A3 on the following conditions. i) In the event of arrest of the petitioner/A3 in the above crime, she shall be enlarged on bail on her executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioner shall make herself available for investigation as and when required and that she shall not cause any threat, inducement or promise to the prosecution witnesses. iii) Petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 AM and 01.00 PM till filing of charge sheet. 5 10. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:29.04.2025 Nsr 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.3123 of 2025 Dated:29.04.2025 Nsr