Allowed

Mr. Vinayaka Shanbogh v. State of Karnataka

Karnataka HC10 Aug 2023CRL.P/1679/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings for abetment of suicide under Section 306 IPC. The court found no evidence of intent to instigate suicide beyond a broken engagement, holding continued trials would be an abuse of process.

What did the court decide?

The impugned proceedings in C.C.No.1188/2023 on the file of II Addl. Chief Metropolitan Magistrate, Bengaluru stood quashed.

Mr. Vinayaka Shanbogh Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:28395 CRL.P No. 1679 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 1679 OF 2023

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BETWEEN:

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MR. VINAYAKA SHANBOGH, S/O S. DATTATREYA RAO, AGED ABOUT 30 YEARS, R/A NO.374, 5^TH MAIN, 5^TH CROSS, B BLCOK, VIDYANAGAR, HARIHARA, DAVANAGERE DISTRICT.

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…PETITIONER

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(BY SRI. MAHANTESH SHETTAR., ADVOCATE) AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, BY CHANNAMMANAKERE ACHUKATTU, VISHVESHWARAPURAM SUB DIVISION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.

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SMT.JAYAMMA, W/O JAYA, AGED ABOUT 52 YEARS, R/AT NO.10, 4^TH MAIN, 4^TH CROSS, ITI LAYOUT, BANASHANKARI, 3^RD STAGE, BANGALORE – 560 085.

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…RESPONDENTS

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(BY SRI.K.S.ABHIJITH, HCGP FOR R1; SRI.N.V.PRAKASH, ADVOCATE FOR R2)

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THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1188/2023

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2 - NC: 2023:KHC:28395 CRL.P No. 1679 of 2023

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ARISING OUT OF CR.NO.210/2022 PENDING ON THE FILE OF LEARNED II ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 306 OF IPC.

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THIS PETITION, COMING ON FOR FURTHER DICTATION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner - accused, who is sought to be prosecuted for the offence punishable under Section 306 of IPC, is before this Court. The police, after the investigation, laid the charge sheet.

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The case of the prosecution is that the accused herein came in contact with the deceased daughter - complainant through Instagram and thereafter developed the relationship and the accused promised to marry the deceased daughter of the complainant. The accused herein on one or the other pretext postponed the marriage, due to which, the deceased went into depression and thereafter committed suicide, as she was deeply in love with the accused herein. The cognizance taken of the aforesaid offence is impugned in this petition.

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The learned counsel for the petitioner submits that the allegation made in the charge sheet does not satisfy the basic elements to constitute the offence punishable under Section 306 of IPC. Hence, he submits that the continuation of criminal proceeding will be an abuse of process of law. In support, he places reliance on the decision of the in Gurcharan Singh vs. State of Punjab [(2017) 1 SCC 433] and Geo

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3 - NC: 2023:KHC:28395 CRL.P No. 1679 of 2023

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Varghese vs. State of Rajasthan and another (2021 SCC OnLine SC 873) .

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Learned High Court Government Pleader for the respondent-State would submit that due to the harassment meted out by the accused herein, the deceased unable to bear the same has committed suicide and the various contentions urged by the petitioner can be considered only after full fledged trial and at this stage, the cognizance taken does not warrant any interference.

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Considered the submissions made by the learned counsel for the parties.

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The Hon'ble Apex Court in catena of decisions has held that, to constitute the commission of offence punishable under Section 306 of IPC, the following essential ingredients must be satisfied:

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i) There must be an intention on the part of the accused to aid or instigate or abet the deceased to commit suicide.

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ii) There must be a suicidal death and abetment thereof.

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iii) There must a continuous harassment meted out by the accused before the death.

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iv) Such irritation or annoying must be proximate to the time of occurrence of death.

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NC: 2023:KHC:28395 CRL.P No. 1679 of 2023

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The Hon'ble Supreme Court in the case of Gurcharan Singh (supra) has held that in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased to commit suicide, being left with no option.

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The Hon'ble Supreme Court in the case of Geo Varghese (supra) at para 23 has held as follows:

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"23. What is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not be sufficient in itself, unless, there are allegations of such actions on the part of the accused which compelled the commission of suicide. Further if the person committing suicide is hypersensitive and the allegations attributed to the accused is otherwise not ordinarily expected to induce a similarly situated persons to take the extreme step of committing suicide, it would be unsafe to hold the accused guilty of abetment of suicide. Thus, what is required is an examination of every case on its own facts and circumstances and keeping in consideration the surrounding circumstances as well, which may have bearing on the alleged action of the accused and the psyche of the deceased."

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NC: 2023:KHC:28395 CRL.P No. 1679 of 2023

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There is no allegation that the petitioner-accused incited or abetted the deceased to commit suicide, except stating that he refused to marry the deceased, due to which the deceased went into depression and committed suicide. Besides, it is not the case of the prosecution that the accused herein possessed the knowledge or intention that his act would lead to the deceased committing suicide and without knowledge or intention, there can be no abatement. In the absence of essential ingredients the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following:

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ORDER

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i. Criminal Petition is allowed.

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ii. The impugned proceedings in C.C.No.1188/2023 on the file of II Addl. Chief Metropolitan Magistrate, Benglauru stands quashed.

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Sd/JUDGE

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BKM/RKA

Mr. Vinayaka Shanbogh v. State of Karnataka

Case brief

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Mr. Vinayaka Shanbogh v. State of Karnataka

Case brief

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