- 1 - HC-KAR NC: 2025:KHC-D:17107 CRL.P No. 103654 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103654 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: ASHWINI D/O. CHINAMANI SANNAKKINAVAR, AGE. 28 YEARS, OCC. NIL, R/O. HARUGERI, TQ. RAIBAG, DIST. BELAGAVI-591220. …PETITIONER (BY SRI. RAM P.GHORPADE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KUDACHI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-11. 2. B.H. BISALNAIK, AGE. MAJOR, OCC. ASI, R/O. KUDACHI POLICE STATION TQ. RAIBAG, DIST. BELAGAVI-591220. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO, SET ASIDE THE CC NO.643/2016 (KUDACHI P.S. CRIME NO.170/2015) WHICH IS PENDING BEFORE THE ADDL. CIVIL JUDGE AND J.M.F.C. RAIBAG FOR THE OFFENCES PUNISHABLE UNDER SECTION 309 OF IPC AGAINST THE PETITIONER/ACCUSED AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17107 CRL.P No. 103654 of 2022 THIS CRIMINAL PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for setting aside the proceedings pending in CC No.643/2016 before the I-Additional Civil Judge and JMFC, Raibag, in Crime No.170/2015 of respondent No.1/Police for the offence punishable under Section 309 of Indian Penal Code, 18601. Brief facts of the case; 2. The case of the prosecution is that on 23.07.2015, the complainant was on duty at about 2:30 PM, he is stated to have received an information that, the petitioner had consumed poison and got admitted to the Hospital. The complainant visited the Hospital and enquired about the incident. However, the petitioner was not in a position to give any information. Thereafter, it is stated 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:17107 CRL.P No. 103654 of 2022 that, the petitioner was taken to Belagavi Hospital for further treatment. 3. It is further stated that the complainant enquired the parents of the petitioner about the incident. They narrated the incident that the petitioner married Mahadev Maruti Ganikar, there was a difference of opinion between the couple. A mediation was initiated between the couple at the intervention of the elders and family members. However, the dispute was not resolved peacefully. Thereafter, the petitioner went to her parent’s house and started residing with her parents. Once again, mediation was conducted. In the said mediation, it was decided that the petitioner should go and join the husband. However, as the petitioner was not interested to join the matrimonial home, she consumed poison. 4. Based on the said information, a complaint came to be registered by the respondent No.1/Police, after conducting the investigation, submitted the charge-sheet. - 4 - HC-KAR NC: 2025:KHC-D:17107 CRL.P No. 103654 of 2022 5. Heard Sri.Ram P.Gorpade, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. 6. The submission of learned counsel for the petitioner is that though the case is registered against the petitioner under Section 309 of IPC, it has to be read in conjunction with Section 115(1) of Mental Healthcare Act, 2017. 7. It is further contended that, in view of the said provision, the petitioner is not required to face the trial as she has got immunity to face the trial. Therefore, the proceedings against the petitioner has to be quashed, is the contention of the learned counsel for the petitioner. Making such submission, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that Section 309 of IPC is an independent offence. The Mental Healthcare Act, 2017 has not provided such - 5 - HC-KAR NC: 2025:KHC-D:17107 CRL.P No. 103654 of 2022 immunity to the petitioner. Therefore, she has to face trail and there are prima facie material to proceed against her. Hence, the petition has to be dismissed is his contention. 9. Having heard the learned counsel for the respective parties, it is appropriate to reproduce Section 115(1) of the Mental Healthcare Act, 2017; Section 115(1) Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. 10. On going through the said provision, it is evident that, the person who tried to commit suicide, is presumed that, he/she had severe stress at the time of consuming the poison. Such being the fact, asking the said person to face the trial would be an additional burden. Therefore, Section 309 of IPC has to be read in conjunction with Section 115 of Mental Healthcare Act, 2017. 11. Having considered the above said provision, the petitioner in the present case was facing difficulties in her life as there was a dispute relating to her marriage. Having - 6 - HC-KAR NC: 2025:KHC-D:17107 CRL.P No. 103654 of 2022 applied the principles of Section 115 of Mental Healthcare Act, 2017, the petitioner is not required to face the trial. Such being the fact, continue the proceedings against the petitioner, in my considered view, would be an abuse of process of law. Hence, the proceedings are liable to be quashed. 12. Hence, I proceed to pass the following; ORDER (i) The petition is allowed. (ii) The proceedings in CC No.643/2016 of Kudachi Police Station in Crime No.170/2015 pending on the file of I-Additional Civil Judge and JMFC, Raibag, for the offence punishable under Section 309 of IPC, are hereby quashed. SD/- (S.RACHAIAH) PJ/CT: UMD/ List No.: 1 Sl No.: 1