- 1 - NC: 2025:KHC:7256 CRL.P No. 9200 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9200 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. YASHPAL A. SUVARNA, S/O ANAND NARAYAN PUTHRAN, AGED ABOUT 44 YEARS, R/AT H. NO.12-3-98, ”YASHAS”, AJJARKAD, UDUPI, UDUPI TALUK AND DISTIRCT-576101 2. JAGADEESH MOGAVEER, S/O BASAVA NAIK, AGED 44 YEARS, R/AT NEERKODLU HOUSE, NEMPU, KUNDAPURA TALUK, UDUPI DISTIRCT-576283 3. G. K. SHEENA, MENTIONED AS SHEEN J. K. IN FIR S/O RAMA KHARVI, AGED 61 YEARS, R/AT H NO.9-79, BANDAR ROAD, GANGOLLI, KUNDAPURA TALUK UDUPI DISTRICT-576216 4. SHARIKA KIRAN, MENTIONED AS SAARIKA IN FIR, W/O KIRAN, AGED 50 YEARS, R/AT H NO.7-96C, ”SHARIKA NILAYA”, HEJAMADY, KAPU TALUK, UDUPI DISTRICT-574103 …PETITIONERS (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7256 CRL.P No. 9200 of 2023 AND: 1. STATE OF KARNATAKA BY MALPE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 2. SURESH K., AGED ABOUT 43 YEARS, S/O SOMA, R/AT OLAMAADUBETTU, KOTHATHOTTU, KOTA, UDUPI-576221 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 R2 SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO ALLOW THE PETITION AND QUASH THE FIR AGAINST THE PETITIONERS IN CR.NO.23/2023 OF MALPE P.S. UDUPI DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC AND SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS COURT AT UDUPI 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:- “ WHEREFORE, it is respectfully prayed that this Hon’ble Court may kindly be pleased to allow the petition and quash the FIR against the petitioners in Crime No. 23/2023 of Malpe Police Station, Udupi District, for the offences under section 306 of IPC and Section 3(2) (v) of - 3 - NC: 2025:KHC:7256 CRL.P No. 9200 of 2023 SC/ST (preventive of Atrocities) amendment Act, 2015 pending on the file of Principal District and Sessions Court, Udupi, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned Addl.SPP for 1st respondent perused the material on record. Though the notice of this petition has been served upon the 2nd respondent, he has chosen to remain absent and unrepresented. 3. A perusal of the material on record will indicate that 2nd respondent is none other than the brother of the deceased one Subbanna, who was working as a Manager in Mahalakshmi Co- operative Society and was found having allegedly committed suicide on 08.03.2023 between 8 to 8.30 p.m.,along with death note, in pursuance of which, the present FIR in Crime No.23/2023 is registered by the 1st respondent - Police against the 5 persons including the petitioners who are Managing Directors and employees of the said co-operative Bank. In this context, it is pertinent to note that a perusal of the impugned death note will indicate that no allegations are made against the petitioners herein who are accused Nos.1 to 4 but the same are primarily directed only against accused No.5 and consequently, in the light of the judgment of the Apex Court in the case of Mahendra Awase vs. - 4 - NC: 2025:KHC:7256 CRL.P No. 9200 of 2023 The State of Madhya Pradesh – 2025 INSC 46 and Ayub Khan vs. State of Uttar Pradesh – 2025 INSC 168, 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 as well as in the death note; 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) Petition is hereby allowed. (ii) The impugned proceedings in Crime No.23/2023 registered by the 1st respondent – Police, pending on the file of Prl.District and Sessions Judge, Udupi, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.