- 1 - HC-KAR NC: 2025:KHC:37502 CRL.P No. 12695 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.12695 OF 2025 BETWEEN: 1. WORTGAGE FINANCE PRIVATE LIMITED WITH REGISTERED OFFICE AT 251, 17TH CROSS, 5TH MAIN ROAD SECTOR 6 HSR LAYOUT, BENGALURU KARNATAKA – 560 102. REPRESENTED AUTHORISED THROUGH THEIR REPRESENTATIVE MR. PRASHANTH C.N., HEAD OF LEGAL. …PETITIONER (BY SRI. SANDESH CHOUTA, SENIOR COUNSEL FOR SMT. SHARADA REDDY, ADVOCATE) AND: 1. STATE BY THALAGHATTAPURA PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 102. 2. SMT. VARSHA S., W/O GOVINDARAJU RESIDING AT LIBRARY ROAD THALAGHATTAPURA, KANAKAPURA MAIN ROAD BENGALURU, KARNATAKA-560 109. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37502 CRL.P No. 12695 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND ALL SUBSEQUENT PROCEEDINGS REGISTERED BY THALAGHATTAPURA POLICE STATION, AGAINST THE PETITIONER UNDER CRIME NO.309/2025 DATED 19.08.2025 BEFORE THE HON’BLE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL, BENGALURU DISTRICT, FOR THE OFFENCE ALLEGEDLY PUNISHABLE UNDER SECTIONS 108, 3(5), 62 OF BNS, 2023 AS PER ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by a Finance Private Limited Company seeking quashing of the proceedings pending in Crime No.309/2025 for the offence punishable under Sections 108, 3(5) and 62 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The learned Senior Counsel appearing for the petitioner reiterated the grounds urged in the petition and submitted that the proceedings pending in Crime No.309/2025 under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, are unsustainable. It was submitted that the victim has only made an attempt to commit suicide, and under the BNS, 2023, an attempt to commit suicide is no longer treated as a - 3 - HC-KAR NC: 2025:KHC:37502 CRL.P No. 12695 of 2025 punishable offence. Section 108 of BNS, 2023, criminalizes abetment of suicide resulting in death; therefore, unless the suicide is actually committed, the offence cannot be said to have been made out. Even if the allegations contained in the complaint are accepted in their entirety, there is no realistic prospect of conviction. Continuation of the proceedings under these circumstances would amount to an abuse of the process of law. The learned Senior Counsel therefore urged the Court to exercise its inherent jurisdiction to quash the proceedings. 3. Learned Additional SPP resisted the petition, contending that the allegations against the petitioner warranted investigation. However, she could not provide any explanation or justification for the deletion of Section 309 of the IPC, which formerly penalized attempts to commit suicide. The legislative intent of the BNS, 2023, is clear: while abetment leading to suicide remains punishable under Section 108, an attempt to commit suicide without resulting death is no longer an offence. 4. On examining the records, it is apparent that the proceedings in Crime No.309/2025 are liable to be quashed on two distinct grounds. Firstly, as rightly pointed out by the - 4 - HC-KAR NC: 2025:KHC:37502 CRL.P No. 12695 of 2025 learned Senior Counsel, to attract an offence under Section 108 of BNS, 2023, there must be an actual commission of suicide, preceded by abetment by another person. The punishment prescribed under Section 108 contemplates imprisonment for a term which may extend up to ten years and also a fine. In the absence of the actual commission of suicide, the ingredients of the offence are clearly not satisfied. 4. In the instant case, the victim is alive, and the alleged act constitutes only an attempt to commit suicide. Consequently, the essential ingredients required to constitute an offence under Section 108 of BNS, 2023, are absent. Therefore, the continuation of criminal proceedings against the petitioner who is a finance company engaged in legitimate lending operations would be unjust, unreasonable, and oppressive. 5. A further disturbing aspect of the matter, which this Court cannot ignore, is the emerging trend of harassment of financial institutions engaged in lawful recovery of dues. It appears that the complainant has sought to intimidate the finance company to prevent recovery of amounts legally due, - 5 - HC-KAR NC: 2025:KHC:37502 CRL.P No. 12695 of 2025 resorting to coercive measures that have no basis in law. Financial institutions, once loans are disbursed, retain the statutory and contractual right to initiate lawful recovery proceedings. Continuation of the criminal proceedings in such circumstances constitutes an abuse of process and undermines public policy, as it sends a message that lawful lenders may be subjected to criminal prosecution for enforcing their legitimate rights. In the interest of justice and to prevent misuse of criminal law as a tool for coercion, this Court finds it appropriate to exercise its inherent jurisdiction under Section 528 of BNS, 2023, to quash the proceedings. 6. In view of the foregoing, the Court is of the opinion that the present is a fit case for the exercise of judicial discretion to prevent abuse of process and to secure the ends of justice. Accordingly, the following order is passed: ORDER (i) The Criminal Petition is hereby allowed. (ii) Consequently, the proceedings in Crime No.309/2025 on the file of the Additional - 6 - HC-KAR NC: 2025:KHC:37502 CRL.P No. 12695 of 2025 Chief Judicial Magistrate, Bengaluru Rural, Bengaluru District, instituted for the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ST List No.: 1 Sl No.: 52