- 1 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 5673 OF 2023 482(Cr.PC) / 528(BNSS)) BETWEEN: AMBARISH. T. G. AGED ABOUT 39 YEARS S/O GOPALAKRISHNA, R/AT NO 15, WARD NO 20, KANDAVARA BAGILU, CHIKKABALAPURA - 562101 …PETITIONER (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYA GOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHICKABALLAPURA POLICE STATION, CHICKABALLAPURA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560001 2. SRI . SHETTAPPA S.N AGED ABOUT 52 YEARS S/O LATE NARAYANASWAMY, C/O RAJENDRA PRASAD RENT HOUSE, DEVINE CITY, CHIKKABALLAPURA - 562101 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.T.SRINIVASAN, ADVOCATE FOR R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.32/2023 (C.C.NO.64/2023, (CR.NO.135/2022) REGISTERED BY THE I RESPONDENT/CHIKKABALLAPUR TOWN POLICE, CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/U/S.306 R/W SEC.34 OF IPC AND CASE IS NOW PENDING ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is a arraigned as accused No.1 has filed this petition under Section 482 Cr.P.C, with a prayer to quash the criminal proceedings initiated against him in SC.No.32/2023 [CC.No.64/2023 (Cr.No.135/2022 of Chikkaballapur Town PS)] on the file of Prl.District and Sessions Judge, Chikkaballapur, for the offence punishable under Section 306 r/w Section 34 of I.P.C. 2. In support of the petition, the petitioner has contended that petitioner is innocent of the offences alleged and he has been falsely implicated. Petitioner was - 3 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 insisting Prashant to settle down the issue with accused No.2 Suma than fighting with each other which was disturbing their family repute. This cannot be termed as abatement to commit suicide. Deceased used to be always under the influence of liquor. All the efforts made by the family members did not yield any result. His entire family was disturbed. The family members were living separately and independently. The issue between accused No.2 Suma and deceased was prolonged one. They were living together as husband and wife since several years. 2.1 Petitioner is married and having wife and children. He is elected member of Chikkaballapur City Municipal Corporation. At the political influence, he is being implicated. It was he who intimated the concerned police about the death of Prashant. None of the witnesses have spoken to about the allegations. Continuation of the proceedings would amount to abuse of the process of the Court and hence, the petition. - 4 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 3. In support of his arguments, learned counsel for petitioner has relied upon by the following decisions: (i) Sanju @ Sanjay Singh Sengar Vs. State of M.P (Sanju @ Sanjay Singh Sengar)1 (ii) Mahendra Awase Vs. The State of Madhya Pradesh (Mahendra Awase)2 (iii) Kamaruddin Dastagir Sanadi Vs. State of Karnataka through SHO Kakati Police (Kamaruddin)3 (ii) David D'Souza Vs. State of Karnataka by Shirva Police Udupi District (David D'Souza)4 4. On the other hand, learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 submitted that complainant, Shettappa, S.N.Nagaraj, Manjula, Veena and deceased Prashant are siblings. All of them are married and living separately. Deceased Prashant was running a shop by name 'SNN Arts'. He is having two daughters. His wife Mangala secured divorce from him and living separately. 1 (2002) 5 SCC 371 2 Crl.A.No.221/2025 (SLP(Crl)No.11868/2023) 3 2024 SCC Online SC 3541 4 2024 SCC Online Kar 47 - 5 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 Since one year, deceased Prashant was staying in the Ground floor of the building belonging to accused No.2 Suma on rent. His mother Sarojamma was living with him. The husband of accused No.2 Suma by name Ramesh had died 1 1/2 years back. After his death, deceased Prashant and accused No.2 Suma were living together as husband and wife. On many occasions, they expressed their desire to marry each other and the mother of accused No.2 Suma also expressed her desire for their marriage. In fact deceased Prashant had traveled with accused No.2 Suma and her family members on many a times. 4.1 It is further alleged that since six months, petitioner was closely moving with accused No.2 Suma as a result of which there used to be quarrel between petitioner and deceased Prashant. 4.2 Since some time, both accused No.2 Suma and petitioner were harassing deceased Prashant and on 24.09.2022, he had called his sister Veena and informed - 6 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 her. Petitioner and accused No.2 Suma used to tell deceased Prashant to die and he in turn used to inform his siblings and they used to console him. On 20.09.2022, Sarojamma had been to Bengaluru to Veena's house. Deceased Prashant was alone in the house. On 26.09.2022, at 7.00 a.m, Prajwal, S/o Suma informed Veena that Prashant has committed suicide by hanging. In turn she intimated the complainant. Immediately, he went to the spot and found the door locked from inside. From the window, he saw Prashant hanging from the fan. In his watsapp status, he had left a message, that petitioner is responsible for his death. It is petitioner and accused No.2 Suma who had harassed and ill treated deceased and abated him to commit suicide and hence, the complaint. Prosecution be given opportunity to prove the allegation in a fulfledged trial and pray to dismiss the petition. 5. Heard arguments and perused the record. - 7 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 6. At the outset it is relevant to note that the complaint averments are not based on personal knowledge of the complainant. Rather, it is more a hearsay. He has been implicated to the allegations based on the information received by complaint from his mother and sister, etc. It is not in dispute that deceased was a tenant in the house belonging to accused No.2 Suma. It is also not in dispute that the husband of Suma by name Ramesh had died about two years back. On the other hand, the wife of deceased had taken divorce and left him along with their children. Therefore, deceased was staying alone along with his mother Sarojamma. Sometimes Sarojamma used to visit her other children. 7. In the complaint as well as in the petition, it is stated that deceased Prashant and accused No.2 Suma were in live-in-relationship and staying together for sometime. While petitioner claim that he had advised deceased Prashant and accused No.2 Suma to get married - 8 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 and that it would not be proper for them to stay together without marriage, the complainant has alleged that after sometime, when accused No.2 Suma came in contact with petitioner, they developed relationship and deceased Prashant was sidelined. 8. On the other hand, during the course of their voluntary statement given to the investigating officer, accused No.1 and accused No.2 Suma have claimed that the husband of accused No.2 Suma by name Ramesh was working in the Chikkaballapura Town Municipality as supervisor. After his death, petitioner who was Counsellor helped accused No.1 to get the dues from the Municipality. In her voluntary statement, accused No.2 Suma has alleged that after deceased Prashant came to know about she having received money from the Municipality for the death of her husband he borrowed Rs.50,000/- and Rs.1,35,000/-. He was also misbehaving with her demanding to marry him. He also gave threat of uploading her photographs in the social - 9 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 media. He was also not repaying the hand loan taken from her. In this background, she had stopped speaking to deceased. In his voluntary statement, accused No.1 has also claimed that when accused No.2 complained of deceased harassing her, he advised her to go to her parents house for sometime so that she could be away from deceased. 9. Section 25 of the Indian Evidence Act mandates that no confession made to a police officer shall be proved as against a person accused of any offence. Similarly, as per Section 26 of the Indian Evidence Act, confession made by accused while in custody of police not to be proved against him, unless it be made in the immediate presence of the Magistrate. As held by the Hon'ble Supreme Court in Murli @ Denny Vs. State of Rajasthan (Murli @ Denny)5 and Kajal Sen and Ors. Vs. State of Assam (Kajal Sen)6, these provisions would not come in the way of referring to such confession, if it is favourable to the accused. In the light of 5 1995 Supp.(1) SCC 39 6 (2002) 2 SCC 551 - 10 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 the same, reference is made to the confession statements of petitioner and accused No.2 Suma. 10. Even though the investigating officer has recorded the statements of the mother and siblings of deceased, their statements is based on the information collected by them. When Prashant committed suicide, his mother was also not present. All said and done, the only allegation against the accused persons is that, they told deceased to go and die, and that was the reason for him to commit suicide. Even though it is stated that before he committed suicide, deceased recorded the video stating that accuse No.1 is responsible for his death and put it in his status, except the said claim of the deceased that petitioner is responsible for his death, deceased has also not given the details of the harassment made by the petitioner prompting him to take the extreme step of committing suicide. As held by the Hon'ble Supreme Court, in number of decisions, mere fact that the accused persons told deceased to commit - 11 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 suicide on several occasion would not be treated as abetment to commit suicide. 11. Except the statements of mother and siblings of diseased Prashant that the accused persons repeatedly told him to die, there is no material to hold that petitioner abated deceased to commit suicide. Therefore, continuation of the criminal proceedings against the petitioner would amount abuse of the process of the Court and as such it is liable to be quashed and accordingly the following: ORDER (i) Petition filed by accused No.1 under Section 482 Cr.P.C, is hereby allowed. (ii) The criminal proceedings initiated against petitioner/accused No.1, in SC No.32/2023 (Cr.No.135/2022) on the file of Principal District and Sessions Judge, Chikkaballapur, is hereby quashed. - 12 - HC-KAR NC: 2025:KHC:29718 CRL.P No. 5673 of 2023 (iii) The Registry is directed to send a copy of this order to the trial court through e- mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 46