{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2487 OF 2010 Rahul s/o Subhash Pagar Age-28 years, Occ-Business and Agril R/o Ganesh Nagar, Kalvan, Dist-Nashik APPLICANT VERSUS The State of Maharashtra Through Dhule Taluka police station, Dhule, RESPONDENT ....... Mr. N.L.Chaudhari, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th July 2010 PER COURT: 1. By the present criminal application, the applicant has prayed for pre-arrest bail in connection with CR No.224/2010 registered with Dhule Taluka Police Station, Dhule for an offence punishable u/s 306, 365, 323, 504, 506 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of the investigation. {2} 3. It appears that the present offence is registered on the complaint of father of the victim, who has committed suicide. It is alleged that victim Dadabhai was working as a driver on a truck owned by the present applicant. Admittedly, the said truck had met with an accident in Nashik district on 4th June 2010 and in the said accident the truck was damaged totally. It is alleged in the complaint that as there was persistent demand of compensation from the deceased and due to the said harassment, the deceased consumed poison and committed suicide. Learned counsel for the applicant contends that as the deceased was a habitual drunkard and when the truck met with the accident at that time also the deceased was in drunken condition and hence the truck met with and accident and therefore, the applicant had demanded compensation from the deceased for the damage caused to his truck. 4. To attract the offence u/s 306 of the IPC there must be presence of ingredients of section 107 of the Indian Penal Code, i.e. instigation to commit suicide. If the owner of a vehicle questioned the driver in respect of damage caused to the vehicle due to the mistake of the driver and due to that if the driver commits suicide, {3} then it cannot be said that the owner has instigated the driver to commit suicide. In view of this, if the allegations in the complaint, though accepted as it is, yet prima faice, the same do not constitute an offence punishable u/s 306 of the Indian Penal Code. In the premise, case is made out to enlarge the applicant on pre- arrest bail. 5. In the result, the application is allowed. The interim protection granted in favour of the applicant on 1st July 2010 is hereby confirmed and to remain in force till filing of the charge sheet. The applicant is directed to cooperate with the investigating agency. Application stands disposed of accordingly. It is, however made clear that as the above observations are prima faice observations based on the papers of investigation, learned Sessions Court need not be influenced by the same while conducting the trial and to dispose of the trial in accordance with law. [A.V.POTDAR, J.] drp/B10/criapln2487-10