- 1 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101402 OF 2023 BETWEEN: IRABASAPPA S/O. PAVADEPPA VALIKAR, AGE: 42 YEARS, OCC: SERVICE, R/O: KUSHTAGI, DIST: KOPPAL, NOW RESIDING AT SUNDAR NAGAR, HUBBALLI, DIST: DHARWAD – 580 021. …PETITIONER (BY SRI. S. S. NIRANJAN & SRI. R. S. HEGDE, ADVOCATES) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH AT DHARWAD, THROUGH PSI, SIDDAPURA POLICE STATION, UTTARA KANNADA DIST, SIRSI SUB-DIVISION – 581 329. 2. ATRI GANAPATI BHAT, AGE: 32 YEARS, OCC: FARMER, R/O: NELEMAV, ANALEBAILU, HERURU, SIDDAPUR, UTTARA KANNADA – 581 329. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. SOURABH HEGDE & SMT. SOUMYA HEGDE, ADVS. FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR DATED 24.03.2023 REGISTERED BY RESPONDENT NO.1 IN CRIME NO. 32/2023 VIDE ANNEXURE - A AND B FOR OFFENCE PUNISHABLE UNDER SECTION 306 AND 504 OF IPC 1860 BY ALLOWING THIS PETITION INSOFOR AS PETITIONER/ACCUSED NO.1 CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of the Code of Criminal Procedure praying to quash the complaint and FIR dated 24.03.2023 in Crime No.32/2023 of Siddapura Police Station registered for the offences punishable under Sections 306 and 504 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short). 2. Respondent No.2 has filed a complaint on 24.03.2023 alleging that father of respondent No.2 deceased Ganapathi Bhat had money transaction with the petitioner and with other persons. In that regard, the petitioner and other persons were harassing the deceased for money. That on 10.03.2023, at about 4:30pm, the petitioner came near the house of the deceased and abused him in filthy language and instigated him to - 3 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 commit suicide. The deceased, unable to bear the mental harassment at the hands of the petitioner, committed suicide by hanging himself on 24.03.2023 in between 2:00 to 03:45 pm in the garden land of one M.R. Bhat of Sarakuli village. The complainant, on coming to know of the incident, went to that place and found that deceased had left 3 death notes on the bed. In one of the said death notes, it is stated that, the petitioner and others were giving continuous torture for money. On the basis of the said complaint by respondent No.2, a case has been registered in Crime No.32/2023 for the offences punishable under Sections 306 and 504 of IPC against the petitioner/accused No.1 and two others. The said complaint and FIR are sought to be quashed in the present petition. 3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent No.1/State and learned counsel for respondent No.2. - 4 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 4. Learned counsel for the petitioner could contend that, the petitioner had given hand loan of Rs.12,00,000/- to the deceased and for making repayment of the same, he has issued two cheques for Rs.6,00,000/- each and they came to be dishonoured. The petitioner has got issued legal notice dated 23.03.2023 to the deceased and the deceased-Ganapathi Bhat committed suicide on 24.03.3023. He further submits that, the deceased was involved in the scam of PSI recruitment and he was arrested by the CID and it was published in the Prajavani NEWS paper and because of which, Ganapathi Bhat committed suicide and not for demand for repayment of the amount borrowed. Mere demand for repayment of money borrowed, does not amount to abetment to commit suicide. The petitioner has taken action against the deceased legally by issuing demand notice on dishonour of the cheques. He places reliance on the decision of this Court in the case of Smt. Mangala Gowri v. State of Karnataka disposed of on 07.09.2023 in Criminal Appeal - 5 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 No.276/2023. On these grounds, he prayed for quashing of the complaint and the FIR. 5. Learned counsel for respondent No.2 would contend that, the arrest of deceased by CID is not proved and except NEWS paper cutting, no other document is produced. The deceased borrowing Rs.12,00,000/- from the petitioner is admitted and the statement of Bank Account indicates that the deceased has repaid the said amount borrowed. In spite of repayment of amount borrowed, the petitioner and two others were insisting and harassing the deceased to pay the money. In that regard the Ganapathi Bhat had filed a complaint to the police on 26.12.2022 seeking police protection. The said Police protection was not given. The death note produced along with the statement of objections indicate that the petitioner and others were harassing the deceased in spite of he making repayment of the amount borrowed and the said aspect abetted the deceased to commit suicide. He submits that, investigation is at the initial stage and only - 6 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 after the investigation, it has to be ascertained whether there is abetment by the petitioner to the deceased to commit suicide or not and at this stage, the FIR and the complaint cannot be quashed. Hence, investigation is required to be conducted. On that point, he placed reliance on the decisions of the Hon’ble Apex Court in the case of Mahendra K.C. v. State of Karnataka and another1, Malathy S.B. and others v. State of Karnataka and others2 and on the decision of this Court in Criminal Petition No.96/2019 and connected matter disposed of on 12.11.20213. He further submits that, the judgments relied on by the learned counsel for the petitioner is passed in an appeal challenging the judgment of conviction and therefore the said decision will not apply to the case on hand. With these, he prayed for dismissal of the petition. 1 Crl.A. No.1238/2021 disposed of on 29.10.2021 2 2023 SCC OnLine Kar 50 3 Sri. B.N. Kumaraswamy v. State by ACB and another - 7 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 6. Learned AGA would contend that, the matter is at the initial stage and considering the averments of the complaint and the documents produced by respondent No.2 namely death note, the matter requires investigation. With this, he prayed for dismissal of the petition. 7. Having heard the learned counsel, this Court has perused the FIR, complaint and other materials placed on record. 8. On perusal of the averments of the complaint indicate that, the deceased had borrowed money from the petitioner/accused No.1 and the petitioner along with others used to visit the house of the deceased and used to insist him for repayment of the amount borrowed. The complaint also indicate that the deceased had left 3 death notes and in one of the death notes, it is written that the petitioner/accused No.1 and another i.e. accused No.2 were harassing the deceased to repay the amount borrowed in spite of having repaid the borrowed amount. A perusal of the document enclosed to the statement of - 8 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 objection i.e. statement of book of account of the deceased indicates that the deceased has made payment through cheques to the petitioner from 14.02.2020 to 18.05.2022. 9. Learned counsel for respondent No.2 submits that, total payment made by the deceased to the petitioner amounts to more than Rs.13,00,000/-. A copy of death note produced with the statement of objections indicate that, in spite of repayment of the amount borrowed, the petitioners and others were insisting the deceased to repay the amount and they forcibly took the cheques from him. The documents produced along with the petition i.e. NEWS paper cutting contain that deceased was arrested by the CID and he has been inquired with regard to the scam in recruitment of PSI. Considering all these aspects, whether death of Ganapathi Bhat is suicide or not and the suicide is due to abetment of any person is a matter of investigation. - 9 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 10. The Hon’ble Apex Court in the case of Mahendra K.C. (supra) has observed thus: “16. On reading the judgment of the Single Judge, it would appear that the Single Judge has failed to notice the distinction between a petition for quashing under Section 482 (which was being considered) and a criminal trial or an appeal against a conviction on a charge under Section 306. The Single Judge has transgressed the limits of the jurisdiction under Section 482 of the CrPC. The judgment is replete with hypothesis and surmises on the basis of which the Single Judge has reached an inference on facts. The Single Judge has tested the veracity of the allegations in the criminal complaint and in the suicide note left behind by the deceased without having the benefit of an evidentiary record which would be collected during the trial. At the stage when the High Court considers a petition for quashing under Section 482 of the CrPC, the test to be applied is whether the allegations in the complaint as they stand, without adding or detracting from the complaint, prima facie establish the ingredients of the offence alleged. At this stage, the High Court cannot test the veracity of the allegations nor for that matter can it proceed in the manner that a judge conducting a trial would, on the basis of the evidence collected during the course of trial. The High Court in the present case has virtually proceeded to hold a trial, substituting its own perception for what it believed should or should not have been the normal course of human behavior. This is clearly impermissible. - 10 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 xxx 18. In this backdrop, it is impossible on a judicious purview of the contents of the complaint and the suicide note for a judicial mind to arrive at a conclusion that a case for quashing the FIR had been established. In arriving at that conclusion, the Single Judge has transgressed the well settled limitations on the exercise of the powers under Section 482 CrPC and has encroached into a territory which is reserved for a criminal trial. xxx 26. Instead of applying this settled principle, the High Court has proceeded to analyze from its own perspective the veracity of the allegations. It must be emphasized that this is not a case where the High Court has arrived at a conclusion that the allegations in the FIR or the complaint are so absurd and inherently improbable on the basis of which no prudent person could ever reach a just conclusion that there is sufficient ground for proceeding against the accused. Nor is this a case where the criminal proceeding is manifestly mala fide or has been instituted with an ulterior motive of taking vengeance on the accused. On the contrary, the specific allegations in the FIR and in the complaint find due reflection in the suicide note and establish a prima facie case for abetment of suicide within the meaning of Sections 306 and 107 of the IPC. The entire judgment of the High Court consists of a litany of surmises and conjectures and such an exercise is beyond the domain - 11 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 of proceeding under section 482 of the CrPC. The High Court has proceeded to scrutinize what has been disclosed during the investigation, ignoring that the investigation had been stayed by an interim order of the High Court, during the pendency of the proceedings under section 482. 27. The High Court observed that a prima facie case for the commission of offence under Section 306 of the IPC is not made out since: i) the suicide note does not describe the specific threats; ii) details of the alleged demand of Rs. 8 lacs from the deceased by the respondent-accused are not set out in the suicide note; and iii) no material to corroborate the allegations detailed in the suicide note has been unearthed by the investigating agency. The High Court observed that since the deceased took considerable time to write a twelve page suicide note, “it would have been but natural for the author to set out the details”. The High Court has evidently travelled far beyond the limits of its inherent power under Section 482 CrPC since instead of determining whether on a perusal of the complaint, a prima facie case is made out, it has analysed the sufficiency of the evidence with reference to the suicide note and has commented upon and made strong observations on the suicide note itself. Paras 32, 33, 34 and 39 of the order of the High Court are extracted below: “32. In paragraph no.21, a bald statement is made stating that because he is aware of all the above transaction, he was given a death - 12 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 threat. In the next sentence, he states that he has been psychologically/emotionally trouble and hence, he is consuming poison and that the petitioner and his driver alone are responsible. For a person, who has detailed 20 transactions, it can be prudently expected of such a person to give details of the threat. 33. In the next unnumbered paragraph, a totally different story/note is set out as a reason for the petitioner threatening the deceased. In the unnumbered paragraph, he states that there was shortage in the cash to the tune of Rs.8 lakhs and that the petitioner suspected him as being responsible for the same and hence, threatened him that if the deceased did not repay said Rs.8 lakhs, he would have the deceased killed at the hands of rowdies. Thereafter, in the next sentence he states that in view of the same, he has decided to consume poison and that the petitioner and his driver are responsible for the same. 34. In paragraph no.20, the deceased holds the petitioner responsible for withholding the salary for the last three months. The other paragraphs including paragraph no.20 detail the properties said to have been amassed by the petitioner and other illegal transactions. After having perused and scrutinized the death note, a query was put to the learned High Court Government Pleader and the counsel appearing on behalf of 2nd respondent as to whether the investigation has thrown up any material that corroborates any of the allegations set-out in the death note. The learned High Court Government Pleader would fairly submit that they have not been able unearth any material to corroborate any of the allegations. 39. As discussed above, the death note contains no incriminating statement or material except for a bald and vague - 13 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 statement but that the accused had threatened him. Even the complaint does not disclose any details of the alleged threat nor does the complaint state that the deceased had on multiple occasions complained of having received threats from accused. Even the allegation of the demand for repayment of Rs.8 lakhs rings hollow as neither the prosecution nor the de-facto complainant have been able to place an iota of material that the deceased was or had in fact been in possession of huge sum of money.” Further, the observation of the High Court that there is no material to corroborate the allegations made in the suicide note is erroneous since it is not a consideration for the High Court while exercising its power under Section 482 of the CrPC, particularly in view of the fact that the trial has not begun and the Single Judge had stayed the investigation in the criminal complaint. 29. The Single Judge has termed a person who decided to commit suicide a ‘weakling’ and has also made observations on how the behavior of the deceased before he committed suicide was not that of a person who is depressed and suffering from mental health issues. Behavioural scientists have initiated the discourse on the heterogeneity of every individual and have challenged the traditional notion of ‘all humans behave alike’. Individual personality differences manifest as a variation in the behavior of people. Therefore, how an individual copes up with a threat - both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions. - 14 - NC: 2025:KHC-D:6185 CRL.P No. 101402 of 2023 Thus, the observations describing the manner in which a depressed person ought to have behaved deeply diminishes the gravity of mental health issues.” 11. Considering the above aspect, at this stage, it cannot be said that, the deceased committed suicide as there was abetment to commit suicide by the petitioner and other accused or due to other reasons, is a matter of investigation. Therefore, the petitioner has not made out a case for quashing as sought. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC