- 1 - HC-KAR NC: 2025:KHC:23528 CRL.P No. 14497 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14497 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: EKANATHA L RATHOD S/O LAKKU RATHOD, AGED ABOUT 37 YEARS. R/AT NO.1015, R PARTHOSH NILAYA, 5TH BLOCK, 2ND CROSS, HMT LAYOUT, NAGASANDRA BANGALORE NORTH, BANGALORE – 73. …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RURAL RAILWAY POLICE STATION, YESHWANTHPURA, BANGALORE, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01. 2. SMT. SUMITHRA T C W/O LATE JAYASHIMHARAJU, AGED ABOUT 45 YEARS, R/AT NO.11/3, VIDYANAGARA 4TH MAIN, NAGASANDRA POST, BANGALORE – 560 124. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23528 CRL.P No. 14497 of 2024 PETITIONER IN SC.NO.946/2021 IN CR.NO.41/2018 OF RESPONDENT RURAL RAILWAY P.S., YESHWANTHPURA, BANGALORE, FOR THE OFFENCES P/U/S 306 R/W 34 OF IPC, PENDING ON THE FILE OF LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-70). 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, petitioner seeks the following reliefs: “To call for the records in S.C.No.946/2021(Crime No.41/2018) on the file of LXIX Addl. City Civil and Sessions Judge at Bengaluru (CCH-70) and quash the proceedings initiated against the petitioner in S.C.No.946/2021(Crime No.41/2018) for the offences punishable under Sections 306 R/w 34 of IPC of Respondent Rural Railway police, Yeshwanthapura, Bangalore, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented. 3. A perusal of the material on record will indicate that respondent No.2 – defacto complainant is the wife of one Jayashimharaju, who is said to have expired having committed - 3 - HC-KAR NC: 2025:KHC:23528 CRL.P No. 14497 of 2024 suicide on 02.04.2018, one day prior to the impugned complaint, pursuant to which, respondent No.1 – police authorities have filed a charge sheet, which is pending in S.C.No.946/2021 for the offences punishable under Sections 306 and 34 of IPC. In this context, a perusal of the material on record will indicate that there is no death note / suicide note or death video / suicide video, which would incriminate the petitioner of the alleged offences. On the other hand, petitioner – accused No.4, who is said to have lent money to the deceased has already instituted a suit in O.S.No.6721/2019 wherein respondent No.2 and her daughter suffered a decree and consequently, the impugned proceedings are contrary to the principles laid down by the Apex Court in the following cases, in relation to Section 306 of IPC, which contemplate that in the absence of any incitement / instigation so as to constitute abetment to commit suicide as required under Section 306 of IPC, petitioner cannot be held to be liable of the alleged offences and continuation of the proceedings is an abuse of process of law warranting interference in the present petition: (i) Mangala Gowri V/s. State of Karnataka – 2023 SCC Online Kar 64; - 4 - HC-KAR NC: 2025:KHC:23528 CRL.P No. 14497 of 2024 (ii) Mahendra Awase V/s. The State of Madhya Pradesh (2025 INSC 46); (iii) Mohit Singhal and another V/s. The State of Uttar Pradesh and others – (2024) 1 SCC 417; (iv) Ayyub vs. State of Uttar Pradesh – 2025 INSC 168 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The proceedings in S.C.No.946/2021 (Crime No.41/2018) on the file of LXIX Addl. City Civil & Sessions Judge, Bengaluru (CCH-70) for the offences punishable under Sections 306 r/w 34 of IPC, insofar as petitioner – accused No.4 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 29