- 1 - NC: 2025:KHC-D:1382 CRL.P No. 102414 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102414 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: VEERESH ASHAPUR S/O. MALLAPPA ASHAPUR, AGE. 30 YEARS, OCC. MTS AT VIJAYANAGAR, BENGALURU, OLD POST MASTER, R/O. GAJENDRAGAD, GADAG DIST., NOW AT VIJAYANAGAR, BENGALURU-40. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (MUNDARAGI PS, CR. NO.126/2023, GADAG) R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580011. 2. SMT. GIRIJAVVA KARADAKALL W/O. KOTRAPPA AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. HESARURU VILLAGE, MUNDARAGI TQ., GADAG DISTRICT-582101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 SMT. SHAILA BELLIKATTI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, ALLOW THIS PETITION AND QUASH COMPLAINT, FIR IN CRIME NO.126/2023 DATED 10.08.2023 REGISTERED BY THE MUNDARAGI POLICE, MUNDARAGI TQ, GADAG DIST., PENDING FILE OF PRL. CIVIL JUDGE (JR. DN) AND JMFC COURT MUNDARAGI GADAG DIST., FOR THE ALLEGED OFFENCES U/S 306, 504, 506 R/W 34 OF IPC IN SO FAR PETITIONER/ACCUSED NO.2 IS CONCERNED ONLY AND FURTHER INVESTIGATION. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:55 +0530 - 2 - NC: 2025:KHC-D:1382 CRL.P No. 102414 of 2023 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/accused No.2 challenges the registration of the First Information Report (FIR) for the offences punishable under Sections 306, 504, 506 read with Section 34 of the Indian Penal Code, 1860. 2. The second respondent lodged the FIR, stating that accused No.1, a resident of the same village, was a friend of her deceased son. Accused No.2, who was posted in the village as Postmaster, developed a friendship with her deceased son through accused No.1. It is alleged that accused Nos.1 and 2 used to force the deceased to consume alcohol, to which the deceased refused. Subsequently, they began harassing the deceased for not consuming alcohol and mocked him, saying he was not a man. When the deceased stopped interacting with them, they allegedly spat on him in public places. Additionally, after the deceased allegedly sent pornographic photos to accused Nos.1 and 2, a panchayat was convened. These incidents reportedly occurred 3 to 4 years before the date of the incident. 3. The deceased left behind a death note stating that accused Nos.1 and 2 were responsible for his decision to take the extreme step. The note further mentioned that accused No.1, Chetan, was not allowing him to lead a peaceful life and was - 3 - NC: 2025:KHC-D:1382 CRL.P No. 102414 of 2023 instigating villagers by spreading false stories about him, which led to his mental distress and subsequent suicide. 4. Learned counsel for the petitioner submitted that even if the allegations made in the FIR are accepted at face value, they do not satisfy the essential ingredients required to constitute the offence punishable under Section 306 of the IPC. Therefore, the registration of the FIR amounts to an abuse of the process of law. 5. In response, learned counsel for respondent No.2- complainant submitted that the allegations in the FIR indicate that accused No.2, along with accused No.1, abetted the deceased in committing suicide. The veracity of these allegations requires investigation, and thus, the registration of the FIR does not warrant interference at this stage. 6. Learned Additional Government Advocate for respondent No.1-State reiterated the submissions made by the learned counsel for respondent No.2. 7. After considering the arguments of the learned counsel for the parties, the following observations are made: i. The petitioner-accused No.2 was posted as the Postmaster of the village 3 to 4 years prior to the date of the incident. He was relieved from the service of the Post Office at Hesarur on 30.12.2021 and was posted to Vijayanagar Post Office, Bengaluru, as evidenced by the relieving order issued by the Postal Department. - 4 - NC: 2025:KHC-D:1382 CRL.P No. 102414 of 2023 ii. The son of the second respondent committed suicide on 10.08.2023, nearly two years after accused No.2 left the village. 8. The Hon’ble Apex Court, in a catena of decisions, has held that to constitute an offence punishable under Section 306 of the IPC, the following essential ingredients must be satisfied: i) There must be an intention on the part of the accused to aid, instigate, or abet the deceased in committing suicide. ii) There must be a suicidal death and evidence of abetment. iii) There must be continuous harassment meted out by the accused before the death. iv) Such harassment must be proximate to the time of the death. 9. In the present case, at the time of the incident, the petitioner neither instigated nor abetted the deceased to commit suicide. None of the allegations made against the petitioner satisfy the essential ingredients to constitute an offence under Section 306 of the IPC. Therefore, the continuation of criminal proceedings against the petitioner/accused No.2 amounts to an abuse of the process of law. ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned FIR in Crime No.126/2023 registered by the Mundaragi Police, Nargund Sub-Division, - 5 - NC: 2025:KHC-D:1382 CRL.P No. 102414 of 2023 Gadag District, insofar as it relates to petitioner/accused No.2, is hereby quashed. iii) Respondent No.1 shall proceed with the investigation against accused No.1 in accordance with law. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 16