- 1 - NC: 2025:KHC-D:2525 CRL.P No. 103086 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103086 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: PRAVEEN SUDHIR AGE. 47 YEARS, OCC. BUSINESS, R/O. RAMNAGAR RAMLINGESHWAR GALLI, TQ. JOIDA, DIST. KARWAR, DIST. UTTARA KANNADA-581453. …PETITIONER (BY SRI. RAM P.GHORPADE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KHANAPUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-11. 2. SMT. ADIYAMMA W/O. KOLLAPPA ANANTAPUR AGE. 53 YEARS, OCC. HOUSEWIFE, R/O. MAIN ROAD, GANESH COLONY, NEAR HOSAN CHURCH HUBBALLI, DHARWAD-580024. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, CALL FOR RELEVANT RECORDS AND SET ASIDE THE CASE REGISTERED BY KHANAPUR POLICE DATED 10.08.2020 IN CRIME NO.141/2020 NOW THE CHARGE SHEET IS FILED IN SPL. CASE NO.190/2020 ON 08.10.2020 WHICH IS PENDING BEFORE THE LEARNED 3RD ADDL. DIST. AND SESSIONS JUDGE AND SPECIAL COURT AT BELAGAVI FOR THE ALLEGED OFFENCES PUNISHABLE U/S 3(2)(V) OF SCHEDULE CASTES AND SCHEDULED TRIBES (POA) AMENDMENT ACT 2015 AND U/S 306, 34 OF IPC IN SO FAR PETITIONER/ACCUSED NO. 1 IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:50 +0530 - 2 - NC: 2025:KHC-D:2525 CRL.P No. 103086 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for the offenses punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (“SC and ST Act”) and Sections 306 and 34 of the Indian Penal Code, 1860 (“IPC”). 2. The prosecution alleges that the deceased and the accused acted as mediators in the sale of a car belonging to C.W.17 in favor of C.W.16 for a sum of ₹90,000/-. Out of the total consideration, C.W.17 paid ₹50,000/-, with the balance amount to be paid after the registration of the vehicle. When the sale did not materialize, C.W.17 insisted that the deceased and the accused return the amount of ₹50,000/- given to C.W.16. In this regard, the accused allegedly took possession of the deceased’s motorcycle. 3. Despite the deceased’s pleas for the return of his motorcycle, assuring that he would pay the balance amount to C.W.16 upon clearance of the sale, the accused allegedly harassed the deceased and refused to return the vehicle without any valid reason. Unable to bear the alleged harassment, the deceased committed suicide. 4. Although notice was duly served on the respondent, he has neither appeared in person nor through counsel. Consequently, he has been placed ex parte. - 3 - NC: 2025:KHC-D:2525 CRL.P No. 103086 of 2022 5. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent No.1- State, and the learned counsel for respondent No.2. 6. The Hon’ble Supreme Court, in a catena of decisions, has held that to constitute an offense under Section 306 of the IPC, the following essential elements must be satisfied: i. There must be an intention on the part of the accused to aid, instigate, or abet the deceased to commit suicide. ii. There must be a suicidal death and an act of abetment leading to it. iii. There must be continuous harassment by the accused before the death. iv. Such harassment or provocation must be proximate to the time of the deceased’s death. 7. In Geo Varghese v. State of Rajasthan & Another, the Hon’ble Supreme Court, at para 23, observed: “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 - 4 - NC: 2025:KHC-D:2525 CRL.P No. 103086 of 2022 they would ordinarily induce a similarly 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.” 8. In the present case, the essential ingredients necessary to constitute an offense under Section 306 of the IPC against the petitioner are conspicuously absent. Therefore, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law.Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in Spl. Case No.190/2020 pending on the file of the learned III Additional District and Sessions Judge and Special Court at Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 100