Allowed¶45

Wortgage Finance Private Limited v. State by Thalaghattapura P S

Karnataka HC17 Sept 2025CRL.P/12695/2025

Case brief

AI extract

What is this about?

Karnataka HC (Sachin Shankar Magadum J, 17-09-2025), CRL.P No. 12695 of 2025: FIR Crime No.309/2025 under Sections 108, 3(5), 62 BNS 2023 against Wortgage Finance Private Limited quashed via inherent powers (s.482 CrPC / s.528 BNSS). Key points: attempt to commit suicide no longer punishable under BNS 2023; Section 108 BNS requires actual commission of suicide preceded by abetment; victim alive; criminal case against lender seen as coercion to obstruct lawful loan recovery; abuse of process; Section 309 IPC deleted.

What did the court decide?

Quashing of the FIR and all subsequent proceedings in Crime No.309/2025 on the file of the Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru District, instituted for the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023. ¶45

Wortgage Finance Private Limited Vs State by Thalaghattapura P S — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in Crime No.309/2025 under Sections 108, 3(5) and 62 of BNS, 2023 against the petitioner-company are sustainable when the victim is alive and the alleged act is only an attempt to commit suicide. +1 more

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Court's answer

To attract an offence under Section 108 of BNS, 2023, there must be an actual commission of suicide preceded by abetment by another person; in the absence of the actual commission of suicide, the ingredients of the offence are not satisfied.

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Ratio / Principle

Under BNS, 2023, abetment leading to suicide remains punishable under Section 108, but an attempt to commit suicide without resulting death is no longer an offence (former Section 309 IPC having been deleted).

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Key takeaways

In the instant case the victim is alive and the alleged act constitutes only an attempt to commit suicide; consequently the essential ingredients of the offence under Section 108 of BNS, 2023 are absent, and continuation of proceedings against the petitioner-finance company would be unjust, unreasonable and oppressive.ratio¶37
Financial institutions, once loans are disbursed, retain the statutory and contractual right to initiate lawful recovery proceedings; continuation of criminal proceedings in such circumstances constitutes an abuse of process and undermines public policy.ratio¶41

Detailed headnote1 paragraphs

Criminal Petition No.12695 of 2025 under Section 482 CrPC (U/S 528 BNSS) filed by Wortgage Finance Private Limited seeking quashing of FIR Crime No.309/2025 (Thalaghattapura PS, dated 19.08.2025) registered for offences under Sections 108, 3(5), 62 of BNS, 2023 — Allowed. Held: Section 108 BNS, 2023 criminalizes abetment of suicide resulting in death; with the deletion of Section 309 IPC, an attempt to commit suicide without resulting death is no longer an offence; since the victim is alive, the essential ingredients of Section 108 are absent. The Court further observed an emerging trend of harassing financial institutions engaged in lawful recovery of dues and held that continuance of the prosecution would be an abuse of process undermining public policy; invoking inherent jurisdiction (styled 'Section 528 of BNS, 2023' in the order), the proceedings were quashed.

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NC: 2025:KHC:37502 CRL.P No. 12695 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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CRIMINAL PETITION NO.12695 OF 2025

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BETWEEN:

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WORTGAGE FINANCE PRIVATE LIMITED WITH REGISTERED OFFICE AT 251, 17^TH CROSS, 5^TH MAIN ROAD SECTOR 6 HSR LAYOUT, BENGALURU KARNATAKA – 560 102. REPRESENTED AUTHORISED THROUGH THEIR REPRESENTATIVE MR. PRASHANTH C.N., HEAD OF LEGAL.

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…PETITIONER

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(BY SRI. SANDESH CHOUTA, SENIOR COUNSEL FOR SMT. SHARADA REDDY, ADVOCATE)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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STATE BY THALAGHATTAPURA PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 102.

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SMT. VARSHA S., W/O GOVINDARAJU RESIDING AT LIBRARY ROAD THALAGHATTAPURA, KANAKAPURA MAIN ROAD BENGALURU, KARNATAKA-560 109.

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP)

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NC: 2025:KHC:37502 CRL.P No. 12695 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND ALL SUBSEQUENT PROCEEDINGS REGISTERED BY THALAGHATTAPURA POLICE STATION, AGAINST THE PETITIONER UNDER CRIME NO.309/2025 DATED 19.08.2025 BEFORE THE HON’BLE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL, BENGALURU DISTRICT, FOR THE OFFENCE ALLEGEDLY PUNISHABLE UNDER SECTIONS 108, 3(5), 62 OF BNS, 2023 AS PER ANNEXURE-A.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by a Finance Private Limited Company seeking quashing of the proceedings pending in Crime No.309/2025 for the offence punishable under Sections 108, 3(5) and 62 of the Bharatiya Nyaya Sanhita (BNS), 2023.

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The learned Senior Counsel appearing for the petitioner reiterated the grounds urged in the petition and submitted that the proceedings pending in Crime No.309/2025 under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, are unsustainable. It was submitted that the victim has only made an attempt to commit suicide, and under the BNS, 2023, an attempt to commit suicide is no longer treated as a

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3 - NC: 2025:KHC:37502 CRL.P No. 12695 of 2025

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HC-KAR

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punishable offence. Section 108 of BNS, 2023, criminalizes abetment of suicide resulting in death; therefore, unless the suicide is actually committed, the offence cannot be said to have been made out. Even if the allegations contained in the complaint are accepted in their entirety, there is no realistic prospect of conviction. Continuation of the proceedings under these circumstances would amount to an abuse of the process of law. The learned Senior Counsel therefore urged the Court to exercise its inherent jurisdiction to quash the proceedings.

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Learned Additional SPP resisted the petition, contending that the allegations against the petitioner warranted investigation. However, she could not provide any explanation or justification for the deletion of Section 309 of the IPC, which formerly penalized attempts to commit suicide. The legislative intent of the BNS, 2023, is clear: while abetment leading to suicide remains punishable under Section 108, an attempt to commit suicide without resulting death is no longer an offence.

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On examining the records, it is apparent that the

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proceedings in Crime No.309/2025 are liable to be quashed on two distinct grounds. Firstly, as rightly pointed out by the

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NC: 2025:KHC:37502 CRL.P No. 12695 of 2025

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HC-KAR

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learned Senior Counsel, to attract an offence under Section 108 of BNS, 2023, there must be an actual commission of suicide, preceded by abetment by another person. The punishment prescribed under Section 108 contemplates imprisonment for a term which may extend up to ten years and also a fine. In the absence of the actual commission of suicide, the ingredients of the offence are clearly not satisfied.

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In the instant case, the victim is alive, and the alleged act constitutes only an attempt to commit suicide. Consequently, the essential ingredients required to constitute an offence under Section 108 of BNS, 2023, are absent. Therefore, the continuation of criminal proceedings against the petitioner who is a finance company engaged in legitimate lending operations would be unjust, unreasonable, and oppressive.

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A further disturbing aspect of the matter, which this Court cannot ignore, is the emerging trend of harassment of financial institutions engaged in lawful recovery of dues. It appears that the complainant has sought to intimidate the finance company to prevent recovery of amounts legally due,

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5 - NC: 2025:KHC:37502 CRL.P No. 12695 of 2025

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HC-KAR

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resorting to coercive measures that have no basis in law. Financial institutions, once loans are disbursed, retain the statutory and contractual right to initiate lawful recovery proceedings. Continuation of the criminal proceedings in such circumstances constitutes an abuse of process and undermines public policy, as it sends a message that lawful lenders may be subjected to criminal prosecution for enforcing their legitimate rights. In the interest of justice and to prevent misuse of criminal law as a tool for coercion, this Court finds it appropriate to exercise its inherent jurisdiction under Section 528 of BNS, 2023, to quash the proceedings.

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In view of the foregoing, the Court is of the opinion

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that the present is a fit case for the exercise of judicial discretion to prevent abuse of process and to secure the ends of justice. Accordingly, the following order is passed:

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ORDER

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(i) The Criminal Petition is hereby allowed.

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(ii) Consequently, the proceedings in Crime No.309/2025 on the file of the Additional

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NC: 2025:KHC:37502 CRL.P No. 12695 of 2025

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HC-KAR

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Chief Judicial Magistrate, Bengaluru Rural, Bengaluru District, instituted for the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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List No.: 1 Sl No.: 52

Wortgage Finance Private Limited v. State by Thalaghattapura P S

Case brief

What is this about?

What did the court decide?

Wortgage Finance Private Limited v. State by Thalaghattapura P S

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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