The Hon’ble Karnataka High Court while granting an accused an anticipatory bail charged under Section 306 observed that “Mere allegations in death note that the petitioner and other are responsible for his death, would not be sufficient to come to the conclusion that the petitioner has committed the said offence, unless the overt acts and conduct of the accused are stated, in order to prove the case of the prosecution and that is sufficient to drive the person to commit suicide.”
Justice K N Phaneendra while granting the said anticipatory bail to one Noushad Ahmed directed him to surrender before the Investigating Officer and be released on bail on the execution of personal bond of Rs 50,000. He was further directed not to tamper with any evidence or hinder the investigation. He must not leave the jurisdiction of the IO before getting prior permission and shall comply with the investigation procedure.
The Cantonment Railway Police had arraigned the petitioner in a suicide case. On examination of a dead body by the police and the complainant, there was allegedly a piece of paper from a notebook that had pointed out that the petitioner and others were responsible for the death of the deceased.
The court further said that the “allegation is too vague”.