- 1 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103639 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. YALLAPPA S/O. SHARANAPPA KURUBARA AGE. 27 YEARS, OCC. AGRICULTURE, R/O. HIREARALIHALLI, TQ. YALBURAGA, DIST. KOPPAL. …PETITIONER (BY SRI. PRAVEENKUMAR G. KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA YALABURGA POLICE STATION, R/BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE CHARGE SHEET AND PROCEEDINGS IN CC NO. 399/2024 AGAINST THE PETITIONER/ACCUSED NO. 2 FOR THE OFFENCES PUNISHABLE U/S 306 R/W SECTION 34 OF INDIAN PENAL CODE, WHICH IS PENDING BEFORE SENIOR CIVIL JUDGE AND JMFC AT YALABURGA ARISING OUT OF CRIME NO. 91/2023 YELBURGA P.S. AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Praveenkumar G. Kulkarni, learned counsel for the petitioner and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent – State. 2. This petition is filed by the petitioner/accused No.2 who is the complainant before Yelburga Police Station. 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. Petitioner being the complainant approached Yelburga Police and lodged a complaint on 01.08.2023 which was registered in Crime No.91/2023 for the offence punishable under Section 306 of the Indian Penal Code, 18601. 4. Gist of the complaint averments reveals that accused No.1 by name Shivaraja S/o. Yamanurappa Kuri, under the guise of being in a love affair with the deceased, 1 For short, ‘IPC’ - 3 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 was frequently visiting her and pressurizing her to marry him. When the same came to the knowledge of the present petitioner, he had advised the deceased as well as the accused No.1 to discontinue the said relationship. The present petitioner also encouraged the deceased, assuring her not to worry about the pestering by the accused No.1. 5. When the matter stood thus, on 08.05.2023 at about 11.30 a.m., somebody intimated the complainant/petitioner that his sister (the deceased) had consumed poison and was found near the agricultural land of one Mudiyappa, situated at Sanganhal. 6. Immediately, an ambulance was arranged and the deceased was shifted to Yelburga Hospital. Accordingly, the petitioner visited Yelburga Hospital around 2.35 p.m., by then the doctors informed him that she had been brought dead to the hospital. - 4 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 7. Police after registering the case thoroughly investigated the matter and arraigned the present petitioner who was the complainant in the case as accused No.2. 8. The same is called in question by the present petitioner on following grounds.  “That the respondent No.1 have file charge sheet against the accused No. 2 only but respondent No.2 have committed the offence against petitioner but respondent No.1 is mentioned petitioner name in the charge sheet. The entire material said to have been collected by the police is totally false and baseless and created in collusion with these charge sheet.  The petitioner is innocent, law abiding and peaceful citizen and he has not committed any of the offences as alleged in the charge sheet and he has and petitioner is falsely implicated in the said charge sheet.  It is submitted that petitioner herein is innocent person he has not committed any offence as alleged in the complaint.  It is submitted that the offences alleged against petitioner are non cognizable. And before registering the FIR respondent herein not obtained the prier permission of the Jurisdictional - 5 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 magistrate on this ground the charge sheet is liable to be facts.  It is submitted that, respondent No,1 herein without any ground directly registered the charge sheet against the petitioner on this ground also said petition liable to be allowed.  It is submitted that, the registration of the charge sheet is against the principals of natural justice.  It is submitted that, petitioner is agricultural person in the said petitioner is being the cultivation of land. Petitioner is not commuted any offence alleged by the respondent No. 1 subsequently the petitioner has been falsely involved in this charge sheet.  Petitioner herein seeks leave of this court some more grounds will be urged at the time of hearing.” 9. Learned counsel for the petitioner reiterating the grounds urged in the petition would contend that all that the present petitioner did in the said incident is to encouraged the deceased and advised both accused No.1 and the deceased to discontinue their love affair. - 6 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 10. It is also evident from the material on record that accused No.1 failed to adhere to his promise of marriage and told the deceased that she may die. The incident further reveals that both accused No.1 and the deceased consumed poison. However, per chance accused No.1 survived and therefore, it is the present petitioner who has been arraigned as accused No.2 in connection with the suicidal death of his own sister. Therefore, he sought for quashing of the proceedings. 11. Per contra, learned High Court Government Pleader for the respondent-State would contend that, but for the interference of the present petitioner, accused No.1 and the deceased would have married and led a happy married life. 12. Therefore, arraigning the present petitioner as accused No.2 is just and proper, and hence, sought for dismissal of the petition. - 7 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of material on record, it is noted that the present petitioner himself set the criminal law in motion in respect of the suicidal death of his own sister. 15. Being her elder brother, it was his duty to properly advise his sister, who was a student. All that the preset petitioner did in the incident is that he advised the deceased not to continue her love affair with accused No.1, pursuant to which both of them consumed poison. Accused No.1 survived, however, the younger sister of the petitioner died. 16. Taking note of these aspects of the matter, this Court is of the considered opinion that mere advice given by the present petitioner to her younger sister and her fiance would not amount to abetment of suicide. 17. Accordingly, the following: - 8 - HC-KAR NC: 2026:KHC-D:709 CRL.P No. 103639 of 2025 ORDER (i) The petition is allowed. (ii) Consequently, criminal proceedings in C.C.No.399/2024 arising out of Crime No.91/2023 of Yelburga Police Station, pending on the file of Senior Civil Judge and JMFC, Yelburga, insofar as petitioner/accused No.2 is concerned, is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE SMM ct-cmu LIST NO.: 2 SL NO.: 50