Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:19533 CRL.P No. 876 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 876 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SMT. ANNAMMA W/O LATE GURUMURTHY, AGED ABOUT 56 YEARS, R/AT NEAR WATER TANK, KANAKANAGARA, 4TH CROSS, HOSKOTE, BENGALURU RURAL, BENGALURU – 562 114
2.
SMT. LAKSHAMAMMA, W/O H. SHRINIVAS, AGED ABOUT 49 YEARS, R/AT KILARAPETE, BHOVI COLONY, HOSKOTE, BENGALURU RURAL, BENGALURU – 562 114.
3.
SMT. SWATHI, W/O KRISHNAPPA, AGED ABOUT 48 YEARS, R/AT NO.7, 3RD CROSS, SHRI SHABARIGIRI NILAYA, SATYA SAI LAYOUT, WHITEFIELD, BENGALURU – 560 066
4.
SMT. HEMALATHA @ LATHA, W/O LATE ANILKUMAR, AGED ABOUT 26 YEARS, R/AT KILARAPETE, BHOVI COLONY, HOSKOTE, BENGALURU RURAL, BENGALURU – 562 114 …PETITIONERS (BY SRI. K B K SWAMY, ADVOCATE)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:19533 CRL.P No. 876 of 2024
AND:
1.
STATE OF KARNATAKA, BY RAMANAGARA TOWN POLICE, RAMANAGARA CITY, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001
2.
SRI. SUNDARA RAJU S/O LATE M. C. MARIYAPPA, AGED ABOUT 66 YEARS, R/AT GURUBHAVANA ROAD, 4TH CROSS, BHOVI COLONY, KR BADAVANE, MADHUGIRI, TUMKURU, PIN – 572 132 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
R2 – SERVED)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN RESPECT OF PETITIONER/ACCUSED NO.1 TO 4 IN S.C.NO.109/2023 (CR.NO.35/2022) REGISTERED BY RAMANAGARA CITY POLICE STATION, RAMANAGARA CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC PENDING ON THE FILE OF THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA AND CONSEQUENTLY PASS SUCH OTHER ORDERS AS DEEM FIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, petitioners seek for the following reliefs: -
“a) To quash the entire proceedings, in respect of petitioners/Accused No.1 to 4, in S.C.No.109/2023
- 3 -
HC-KAR NC: 2025:KHC:19533 CRL.P No. 876 of 2024
(Crime No.35/2022) registered by Ramanagara City Police Station, Ramanagara City, for the offences under punishable under Section 306 of IPC, pending on the file of Hon’ble Principal District and Sessions Judge at Ramanagara and consequently pass such other orders as deem fit in the interest of justice and equity.”
2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.
3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition.
4. A perusal of the material on record will indicate that respondent No.2 is none other than the father of the deceased one Anilkumar, who was working as a labourer in Ramanagara Town Municipal Council and was found having allegedly committed suicide on 12.04.2022, in pursuance of which, the present FIR in Crime No.35/2022 is registered by the 1st respondent - Police against the 4 persons being the petitioners including the wife of the deceased and their relatives. Consequently, in the light of the
judgment of the Apex Court in the case of Mahendra Awase vs.
- 4 -
HC-KAR NC: 2025:KHC:19533 CRL.P No. 876 of 2024
The State of Madhya Pradesh – 2025 INSC 46, Ayub Khan vs. State of Uttar Pradesh – 2025 INSC 168, Mohit Singhal and Another Vs. State of Uttarakhandb - (2024 1 Supreme Court Cases 417; Dr. Radhika Kapahtia Vs. State of Kerala and Others- 2024 SCC Online Ker 1344, David D’Souza Vs. State of Karnataka (Criminal Petition No. 4851/2022); and Sri V.V Singara Velu and Anr., Vs. State of Karnataka and Another (Criminal Petition No 3095/2022), I am of the considered opinion that the necessary ingredients of constituting the offence punishable under Section 306 of IPC are conspicuously absent in the impugned FIR and complaint; so also, the material on record discloses that necessary ingredients constituting the offence under Section 306 of IPC are also not made out and as such, the impugned proceedings deserves to be quashed.
4. In the result, I pass the following:-
ORDER (i) The Petition is hereby allowed. (ii) The impugned proceedings in Crime No.35/2022 registered by the 1st respondent – Ramanagara City Police Station, pending on the
- 5 -
HC-KAR NC: 2025:KHC:19533 CRL.P No. 876 of 2024
file of Principal District and Sessions Judge, Ramanagara, insofar as the petitioners are concerned, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 2 Sl No.: 3