IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4725 of 2009 DATE:11.02.2011 Between: Kodela Sambasiva Rao …… Petitioner And Gummadidala Krishna Narayana and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4725 of 2009 ORDER : The petitioner/A-4 is accused of offence punishable under Section 306 I.P.C in P.R.C. No.8 of 2009 on the file of Special Judicial Magistrate of the First Class for Prohibition and Excise Offences, Guntur. A-4 is stated to be paramour of A-1 who is living separately from her husband Srinivasa Rao (witness No.6). It is alleged that when Srinivasa Rao constructed a house, A-1 with the help of A-2 to A-4 broke open locks of that new house and criminally trespassed into the same. This incident is nothing to do with commission of suicide by the deceased. The deceased is wife of Krishna Narayana (witness No.1). Srinivasa Rao is elder brother of the deceased. It is further alleged that A-1 with her foul mouth challenged Srinivasa Rao that she would file a case and send the deceased, her husband and Srinivasa Rao to jail and that on hearing the same, the deceased became diffident and began apprehending that he would be sent to jail by A-1. It is further alleged that on 21.11.2008 A-1 came to house of the deceased and threatened the deceased that she would not sleep until the deceased died. Because of the said acts of A-1, it is alleged that the deceased became diffident and committed suicide by hanging with a saree. In the charge sheet, it is alleged that with the active connivance of A-2 to A-4, A-1 abetted the deceased to commit suicide. It is not the prosecution case that A-4 was also present when A-1 threatened the deceased that she would be sent to jail or proclaimed that the deceased should die. Simply because A- 4 happened to be supporter of A-1 because of their interse relationship, it cannot be said that A-4 had any role in abetment of the deceased to commit suicide. As per the prosecution case, there was absolutely no direct interaction between A-4 and the deceased before her death muchless with regard to the transactions leading to her death. In that view of the matter, taking the allegations in F.I.R and in the charge sheet on their face value, no case is made out against the petitioner/A-4 for offence under Section 306 I.P.C. 2) In the result, the petition is allowed quashing proceedings in P.R.C. No.8 of 2009 on the file of Special Judicial Magistrate of the First Class for Prohibition and Excise cases, Guntur in so far as the petitioner/A-4 is concerned. _______________________________ SAMUDRALA GOVINDARAJULU, J February 11, 2011 ksh