- 1 - NC: 2025:KHC-D:1922 CRL.P No. 101324 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101324 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. RAMAGOUDA S/O. CHANNAGOUDA PATIL AGE. 46 YEARS, OCC. AGRICULTURE, R/O. # HARGAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591313. 2. MAHESH S/O. SHIVAGOUDA PATIL AGE. 30 YEARS, OCC. AGRICULTURE, R/O. # HARGAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591313. 3. MALAGOUDA S/O. BHIMAGOUDA NAGAPPAGOL AGE. 37 YEARS, OCC. AGRICULTURE, R/O. # HARGAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591313. 4. POOJA D/O. RAMAGOUDA PATIL AGE. 20 YEARS, OCC. STUDENT, R/O. # HARGAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591313. …PETITIONERS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KAKATI POLICE STATION, REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH, DHARWAD-580011. 2. RAMAPPA S/O. ANNAPPA KHANURI AGE. 55 YEARS, OCC. PRIVATE WORK, R/O. # HARGAPUR VILLAGE, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:47 +0530 - 2 - NC: 2025:KHC-D:1922 CRL.P No. 101324 of 2024 TQ. HUKKERI, DIST. BELAGAVI-591313. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SHEKHARGOUDA M.NAGANURI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASHING THE COGNIZANCE DATED 19.02.2024 INITIATION OF CRIMINAL PROCEEDINGS ON THE BASIS OF COMPLAINT AND CHARGE SHEET IN CC NO.33/2024 PENDING ON THE FILE OF IV JMFC, BELAGAVI FOR THE OFFENCES PUNISHABLE U/S 306 R/W SECTION 34 OF IPC, IN SO FAR PETITIONERS/A-1 TO A-4 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners are being prosecuted for offences punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’). 2. The prosecution alleges that the complainant’s son was in love with accused No.4. When accused No.4 refused to marry him, he became upset, went to a forested area on his motorcycle, and hanged himself from a tree branch. It is further alleged that the deceased’s family had approached the petitioners, requesting them to arrange the marriage between their daughter and accused No.4. However, the petitioners refused. The prosecution also alleges that before his death, the deceased sent a WhatsApp message to his friend stating: “Don’t believe in girls, all girls are frauds,” and expressing that he was committing suicide because he had been cheated by accused No.4. - 3 - NC: 2025:KHC-D:1922 CRL.P No. 101324 of 2024 3. Learned counsel for the petitioners submitted that even if the allegations are accepted at face value, they do not constitute an offence punishable under Section 306 of IPC. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law. In the absence of the essential ingredients required to attract the offence under Section 306 of IPC, the trial court cannot frame charges against the petitioners. 4. Learned Additional Government Advocate (AGA) for respondent No.1 – State submitted that the charge sheet materials clearly disclose that the petitioners abetted the deceased in committing suicide. He contended that the veracity of these allegations must be determined during trial and cannot be assessed at this stage. Accordingly, he sought the dismissal of the petition. 5. After considering the submissions of the learned counsel for the parties, the following points emerge for consideration: 6. In Geo Varghese v. State of Rajasthan & Another (Geo Varghese)1, at para-23, the Hon’ble Supreme Court observed: “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 be sufficient unless there are specific acts by the accused that compelled the deceased to take the extreme step. Further, if the person committing suicide is hypersensitive, and the allegations attributed to the accused are not of such a nature that they would ordinarily induce a similarly 1 2021 SCC OnLine SC 873 - 4 - NC: 2025:KHC-D:1922 CRL.P No. 101324 of 2024 situated person to commit suicide, it would be unsafe to hold the accused guilty of abetment of suicide. Thus, every case must be examined based on its own facts and circumstances, considering the surrounding factors that may have influenced the actions of the accused and the mental state of the deceased.” 7. The Hon'ble Apex Court in catena of decisions has held that, to constitute an offence punishable under Section 306 of IPC, the following essential ingredients must be satisfied: i) There must be an intention on the part of the accused to aid or instigate or abet the deceased to commit suicide. ii) There must be a suicidal death and abetment thereof. iii) There must a continuous harassment meted out by the accused before the death. iv) Such irritation or annoying must be proximate to the time of occurrence of death. 8. In the instant case, the essential ingredients necessary to constitute an offence under Section 306 of IPC against the petitioners are conspicuously absent. Therefore, the continuation of the investigation against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.33/2024 pending on the file of the IV JMFC, Belagavi, is hereby quashed. AC/Ct:vh Sd/- (HEMANT CHANDANGOUDAR) JUDGE