State Of Karnataka By vs Swetha
2022 Latest Caselaw 11949 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 19 T H DAY OF SEPTEMBER, 2022

                         BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL APPEAL NO.1665 OF 2021

BETWEEN:

State of Karnataka b y
Amruthahalli Police Station
Represented by
State Pub lic Prosecutor
High Court of Karnataka
Beng aluru-560001
                                                   ...Appellant
(By Sri K. Nag eshwarapp a, HCGP)

AND:

Swetha
D/o. Subramani
Aged about 28 years
Residing at No.6
Behind Maramma Temple
Kodig ehalli
Beng aluru-560092
                                               ...Respondent

       This Criminal Appeal is filed under Section 378(1)
and (3) of Cr.P.C. p raying to g rant leave to ap peal
against the judgment and order dated 27.04.2021 in
S.C. No.585/2014 by the LXVI Additional City Civil and
Sessions Judge, Beng aluru City (CCH-67) acquitting
the    accused/respondent    for   the   offence   punishab le
und er Section 306 of IPC.
                             :: 2 ::


      This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                         JUDGMENT

Heard the learned High Court Government

Pleader for the appellant.

2. The State has preferred this appeal

questioning the judgment of acquittal dated

27.04.2021. The respondent was prosecuted for

the offence under Section 306 of IPC for the

suicidal death of one Charan. Ex.P2 is the death

note.

3. The court below has placed reliance on

the death note and come to conclusion that there

is no evidence indicating abetment by the accused

for the suicidal death of Charan. If Ex.P2 is

thoroughly scrutinized, it may be noticed that the

deceased Charan had relationship with the

accused. She came to know that accused had

relationship with other boys including one Vinay.

:: 3 ::

4. The deceased has a friend by name Ajay,

who was killed by Vinay. Coming to know that

accused had relationship with many boys and she

tried to avoid him, he became depressed in life.

Therefore the death note indicates a kind of

depression undergone by the deceased. Even

though PW1 to PW3 have given evidence that this

accused was responsible for the suicidal death of

deceased, it is not possible to draw inference that

there was abetment by the accused. The trial

court is justified in acquitting the accused.

Therefore there are no grounds to admit. Appeal

is dismissed.

Sd/-

JUDGE

Kmv/-