The High Court granted a petition under Section 482 CrPC and quashed criminal proceedings for abetment of suicide (IPC 306), holding that mere refusal to partition property did not satisfy essential elements of abetment or justify continuing proceedings.
Criminal petition allowed and criminal proceeding in S.C.No.1181/2021 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:28653 CRL.P No. 4216 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4216 OF 2023
BETWEEN:
SRI RAVIPRASAD CAVALE @ RAVIPRASAD KAVLE AGED ABOUT 54 YEARS, S/O LATE JAYASIMHA RAO R/AT NO.15, PUTTANNA ROAD, BASAVANAGUDI BENGALURU-560 004.
…PETITIONER
(BY SRI. PAVAMANA D.V., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
BY BASAVANAGUDI POLICE STATION, REPRESENTED BY LEARNED PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE-560001.
…RESPONDENTS
(BY SRI. M.S. HARISH KUMAR, ADVOCATE FOR R-1; SRI. P. THEJESH, HCGP FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ALLOW THE ABOVE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.1181/2021 (CRIME NO.79/2019) PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FOR THE OFFENCES PUNISHABLE UDNER SECTION 306 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:28653 CRL.P No. 4216 of 2023
ORDER
Sri M S Harish Kumar, learned counsel files power on behalf of the respondent No.1.
held that, to constitute an offence punishable under Section 306 of IPC, the following essential elements must be satisfied:
"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."
NC: 2023:KHC:28653 CRL.P No. 4216 of 2023
will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in S.C.No.1181/2021 arising out of Crime No.79/2019 pending on the file of the learned Additional City Civil and Sessions Judge (CCH-64) Bengaluru, is hereby quashed.
Sd/JUDGE
BKM
3 issues framed by the court
Whether the refusal to effect partition constitutes abetment to suicide under Section 306 IPC.
Whether the charge sheet material satisfies the essential elements of the offence under Section 306 IPC.
Whether the continuation of criminal proceedings in the present case amounts to an abuse of process of law.
SRI RAVIPRASAD CAVALE @ RAVIPRASAD KAVLE
SRI ANUP KAVALE
THE STATE OF KARNATAKA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
