THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.3909 OF 2008 DATED:15.07.2010 Between: Smt. Karre Shankaramma and others .. Petitioners And The State of Andhra Pradesh, rep., by Its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.3909 of 2008 ORDER: The petitioners are accused Nos.1 to 3 in Crime No.63 of 2008 under Section 306 of the Indian Penal Code (IPC) read with 34 thereof. The crime was registered under a report of the second respondent alleging that due to harassment meted out to him, his father Mengani Rajamallaiah committed suicide on 09.06.2008. The counsel for the petitioner relied on the principles in State of Haryana v Bhajan Lal[1], which have now become axiomatic and submits that even if the allegations in the report are taken to be true, offence under Sections 302 and 306 IPC could not be made out. He also relied on Netai Dutta v State of West Bengal[2] in support of the contention that unless and until the parameters of abatement under Section 107 IPC are shown to exist, the accused cannot be indicted for an offence under Section 306 IPC. These contentions are refuted by the other side. This Court has carefully perused the report of the second respondent in his own handwriting. This Court is convinced that it certainly contains allegations that his father’s suicide was abeted by the petitioners. This Court, however, hasten to add that it is a matter for further investigation and if the police during investigation finds that there was no abatement of suicide, but the deceased took extreme step out of mental distress, they can always file report to that effect. At this stage, investigation cannot be interdicted. The Criminal Petition is, accordingly, dismissed. ________________ (V.V.S. RAO, J) 15.07.2010 KH [1] 1992 Supp (1) Supreme Court Cases 335 [2] (2005) 2 Supreme Court Cases 659