- 1 - NC: 2025:KHC:17787 CRL.P No. 5099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.5099 OF 2025 BETWEEN: GOPALAKRISHNA G.H. AGED ABOUT 41 YEARS, S/O HANUMANTHARAYAPPA R/AT NO.47, 4TH FLOOR SANJEEVAPPA LANE AVENUE ROAD CROSS CUBBONPET, BANGALORE NORTH BENGALURU CITY, BENGALURU-560002. …PETITIONER (BY SRI. HEMANTH KUMAR K, ADV.,) AND: 1. THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. SHASHIDHAR G.N. AGED ABOUT 41 YEARS S/O NAGALINGAPPA R/AT GULIGENAHALLI VILLAGE SHIRA TALUK, TUMAKURU-577182 PRESENTLY: R/AT NO-34, 11TH MAIN DEVEGOWDA LAYOUT Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:17787 CRL.P No. 5099 of 2025 M.S.RAMAIAH LAYOUT NAGASANDRA POST BENGALURU-560073. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 SRI. M.S. SOMASHEKHAR, ADV., FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.0067/2025 REGISTERED BY RESPONDENT NO.1/ BAGALAGUNTE POLICE BENGALURU FOR THE OFFENCE P/U/S 108, 3(5), 351(2), 352, 85 OF BNS 2023 NOW THE CASE IS PENDING ON THE FILE OF HONBLE XXXI A.C.J.M BENGLAURU CITY IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner-accused No.1 challenges the registration of FIR in Crime No.67/2025 registered for the offence punishable under Sections 3 & 4 of Dowry Prohibition Act, 1961, and Sections 108, 3(5), 351(2), 352, 85 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The respondent No.2 lodged the First Information Report stating that his deceased sister, who is married to petitioner/accused, committed suicide on 16.02.2025. In the message shared by the deceased-wife with the complainant, she has stated that her husband is having an illicit relationship with another woman and when she - 3 - NC: 2025:KHC:17787 CRL.P No. 5099 of 2025 confronted the petitioner to stop having illicit relationship, the petitioner/accused alleged to have stated that he would not quit the illicit relationship during his lifetime and in view of the same, she is taking extreme step of committing suicide. 3. The petitioner/accused and the brother of the deceased, who were present before this Court on 09.04.2025 and filed an application for compounding stating that they have amicably resolved the dispute among themselves and the allegation for demanding dowry and abusing the deceased were made inadvertently by respondent No.2 and in a fit of anger as his sister had committed suicide, except for the message shared by the deceased to the mobile phone of respondent No.2, there is no material to substantiate that the petitioner-accused incited or abeted the deceased to commit suicide. He has further stated that from the wedlock, two boys are born, one boy was also killed by the mother before she committed suicide and another boy, aged about 8 years, is dependent on his father for his livelihood. Therefore, in the light of the above, respondent No.2 has agreed to withdraw all the allegations against the petitioner and has no objection for quashing the impugned proceedings. 4. The offence under Section 108 of BNS, 2023 is punishable upto 10 years imprisonment. - 4 - NC: 2025:KHC:17787 CRL.P No. 5099 of 2025 5. Learned High Court Government Pleader for the respondent-State submitted that the offences alleged against the petitioner are heinous and therefore, cannot be compounded and sought for dismissal of the petition. 6. The complainant, who is the brother of the deceased, has categorically stated that the petitioner has not incited or abeted his sister to commit suicide. The only substantial evidence is the message alleged to have been shared by the deceased with her brother on the mobile phone, wherein it is stated that she is taking extreme step since the petitioner has refused to stop having illicit relationship with another woman. 7. The essential elements to constitute the commission of offence under Section 306 of IPC which is in paramateria with Section 108 of BNS, 2023, is as follows: i) There must be an intention on the part of the accused to aid, instigate, or abet the deceased to commit suicide. ii) There must be a suicidal death and abetment thereof. iii) There must be continuous harassment meted out by the accused before the death. iv) Such irritation or annoyance must be proximate to the time of occurrence of the death. - 5 - NC: 2025:KHC:17787 CRL.P No. 5099 of 2025 8. The Hon’ble Supreme Court in Gurcharan Singh vs. State of Punjab [(2017) 1 SCC 433] has held that in order to convict a person under Section 306 IPC, there must be a clear mens rea to commit the offence, and there must be an active or direct act leading the deceased to commit suicide, leaving them with no option. 9. The Hon’ble Supreme Court in Geo Varghese vs. State of Rajasthan and Another [2021 SCC OnLine SC 873], at paragraph 23, has held as follows: “23. What is required to constitute an alleged abetment of suicide under Section 306 IPC is that there must be an allegation of either a direct or indirect act of incitement to commit suicide. Mere allegations of harassment of the deceased by another person would not, in themselves, be sufficient, unless there are allegations of such actions on the part of the accused which compelled the commission of suicide. Further, if the person committing suicide is hypersensitive, and the allegations attributed to the accused are not ordinarily expected to induce a similarly situated person to take the extreme step of committing suicide, it would be unsafe to hold the accused guilty of abetment of suicide. Thus, what is required is an examination of every case on its own facts and circumstances, while also taking into consideration the surrounding factors that may have a bearing on the alleged conduct of the accused and the psyche of the deceased.” - 6 - NC: 2025:KHC:17787 CRL.P No. 5099 of 2025 10. In the light of the above and in the absence of any substantial evidence for the allegation that the petitioner abetted the deceased to commit suicide, the continuation of investigation would be an abuse of process of law in the absence of essential element to constitute the commission of aforesaid offence. Accordingly, the petition is allowed. The impugned First Information Report in Crime No.67/2025 registered by Bagalagunte Police Station, Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR List No.: 1 Sl No.: 177