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Present petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to petitioners in case FIR No. 88 dated 27.04.2017 registered for offences punishable under Sections 306 read with Section 34 of Indian Penal Code (for short 'IPC'), at Police Station Cantonment Amritsar, District Amritsar.

Petitioner-Mehal Singh in CRM-M-22542-2017 is Principal of Khalsa College, Amritsar while petitioner-Devender Singh in CRM-M-

1 of 5 21951-2007 is the Registrar of that college. Harpreet Singh (since deceased) was student of the college and committed suicide on 26.04.2017 by hanging from a fan in the room of his hostel. Complainant, who is father of deceased, was informed by other students of the college that name of Harpreet Singh was in the list of students, who had been detained from giving exam due to shortage of lectures. On 26.04.2017, he had to appear for the practical for which he required permission of Principal, Registrar and H.O.D. The other detained students were allowed permission but Hapreet Singh was not given permission as he was member of Khalsa College Mess Committee and had been raising his voice against managing committee of the college. Due to this reason he was not given sanction to appear in practical examination on the ground of shortage of lectures. On the day of incident, he had gone to Dr. Randeep Kaur, H.O.D., where Arish Kumar and Raghubar, other students whose lectures were also short, were also present. Hapreet Singh had told that he was preparing for M.Sc. Entomology as a result of which he could not appear in classes, resulting in shortage of his lectures. At this Madam Bal (Dr. Randeep Kaur) told him that he could not clear B.Sc. Agriculture, as such, there is no question of clearing M.Sc. When Harpreet Singh asked for solution of his problem, Madam Randeep Kaur asked him to keep on making round to office of Principal and Registrar. Madam Randeep Kaur also told him about the fine which the deceased expressed his inability to pay being a poor person. He had intimated complainant on telephone that he is feeling perturbed because of his name in the detained list. He had visited Principal, Registrar and H.O.D. several times but they were not hearing him and this will result in wastage of his one year. Due to mental stress and torture he committed 2 of 5 suicide.

Learned counsel for petitioner-Devender Singh has argued that the petitioner is posted as Registrar, who deals with administration of the college and has nothing to do with academics or grant of sanction to students whose lectures are short to appear in exams. This is looked after by H.O.D., who in the present case is Dr. Randeep Kaur.

Learned counsel for petitioner-Mehal Singh, who is principal of the college, has argued that lectures of the deceased were short and he was detained from appearing in the exams. He made requests to appear in the practical examination, which was allowed and this fact is evident from the presence sheet of practical examination held on 26.04.2017, which bear his name and signatures. This belies the allegation that he was detained from appearing in the practical examination. This fact is also not disputed that the deceased had not been regularly attending classes, resulting in shortage of his lectures. He had also tried to explain his shortage of lectures by giving the reason that he was preparing for M.Sc. Entomology. The deceased had not left behind any suicide note and even if he had been detained from appearing in exams due to shortage of his lectures, this could not be termed as abetment by petitioners to the deceased, who committed suicide.