(1) CRI.APP. 3911.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3911 OF 2010 Praveen S/o Shridhar Revankar Age : 44 years, Occu. : Service, R/o Jyoti Nagar, Aurangabad .. Applicant (Orig. Accused/ applicant) VERSUS 1. The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Deputy Superintendent of Police, Aurangabad, Tq. & Dist. Aurangabad .. Respondents ... Mr. R.N. Dhorde, Advocate h/f. Mr. V.R. Dhorde, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application under section 438 of the Code of Criminal Procedure. 2. The applicant is a Lecturer. One of the student by name Tukaram Chinchole was taking (2) CRI.APP. 3911.2010 education in the Government Engineering College at Aurangabad. Allegedly, the applicant troubled him. The applicant got him failed in one of the subject of the Computer Science. The student was depressed due to such act of the applicant and, therefore, committed suicide. 3. The applicant apprehends his arrest in connection with crime no. I-356 of 2010 registered for offence under section 306 of the Indian Penal Code at Kranti Chowk Police Station, Aurangabad. 4. Heard learned Advocate for the applicant and learned APP. 5. True, there appears a suicide note left by deceased student i.e. Tukaram Chinchole. The suicide note prima facie indicates that he committed suicide by self-hanging due to the mental tension caused on account of treatment given to him by the applicant. The suicide note also shows that due to personal prejudice, and ill-will, he was failed by the applicant in the relevant subject. (3) CRI.APP. 3911.2010 6. One cannot be oblivious of the fact that in the young age, the students may be rather emotional and the tension could be result of his own perception about the so-called ill-treatment meted out to him at the hands of the applicant. It is important further to note that for the purpose of section 306 of the I.P.C., the necessary ingredients of section 107 of the I.P.C. are required to be satisfied. Assuming that the applicant purposefully failed the deceased student, the question is whether the applicant could be attributed the knowledge that due to his such act, the student will end the life? There is distinction between cause and causation. 7. Considering these aspects, the arrest of the applicant is not necessary. It would suffice if his presence is secured during course of the investigation and he is directed to co-operate with the Investigation Officer. 8. In the result, the Application is allowed. The applicant is directed to be released on bail in (4) CRI.APP. 3911.2010 terms of the ad-interim order dated 4.10.2010, in the event of his arrest, and on further condition that he shall attend the Kranti Chowk Police Station on each Tuesday and Saturday between 5.00 pm. to 8.00 pm. and to co-operate with the Investigation Officer during course of the investigation. He shall produce, all relevant papers as and when called by the Investigation Officer. He shall attend the concerned Police Station for four (4) consecutive weeks and as stated herein-before or till filing of the charge- sheet, whichever is earlier. The anticipatory bail will be co-terminus with the filing of the charge- sheet or final report. Criminal Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp