Karnataka High Court
Kumara C vs The State Of Karnataka on 30 July, 2024
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.13157 OF 2023
BETWEEN:
KUMARA C
S/O CHELUVARAJU,
AGED ABOUT 31 YEARS,
PRESENLTY R/AT JANATHA COLONY MULLUSOGE,
KUSHALNAGARA,
KODAGU 571234.
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY KUSHALNAGAR TOWN POLICE
STATION, KODAGU DISTRICT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE 560001
2. KANTHARAJU K S
S/O LATE SANNEGOWDA,
R/AT MARUTHI LAYOUT, 1ST BLOCK,
MULLUSOGE, KUSHALNAGARA,
KODAGU 571234
...RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R1;
SRI. MAHESH C M., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.1220/2023 FOR THE OFFENCE
P/U/S 306 OF IPC OF KUSHALNAGAR POLICE STATION,
KODAGU NOW PENDING ON THE FILE OF THE CIVIL JUDGE
AND J.M.F.C, KUSHALNAGAR.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 25.07.2024 THIS DAY, THE
COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
RESERVED FOR ORDERS ON: 25.07.2024
PRONOUNCED ON : 30.07.2024
CAV ORDER
(PER: HON'BLE MR JUSTICE K.NATARAJAN)
This petition is filed by the petitioner under
Section 482 of Cr.P.C. for quashing the FIR and charge
sheet in C.C No.1220/2023 registered by Kushalnagar
Police Station in Crime No.40/2022 for the offences
punishable under Section 306 of IPC.
2. Heard the arguments of learned counsel for
petitioner and Learned High Court Government Pleader
for respondent-State
3. The case of the prosecution is that on the
complaint filed by Kantharaju K.S, the father of the
deceased filed on 29.08.2022 alleging that his adopted
daughter Lancy aged about 21 years was studied up to
B.Com and she had love affair with the
accused/petitioner, since five years. On 29.08.2022 at
about 3.30 p.m the petitioner telephoned his wife and
told the deceased was not lifting the phone. Hence, his
wife went and knocked the door, she has not opened
the door and then about 5.30 p.m., when his wife
knocked the door she did not open. Therefore, she
peeped through the window and found her daughter
was committed suicide by hanging. Hence, she break
open the door and saw that she was already died, then
the deceased left a death note stating that the
petitioner/accused was responsible for her suicide.
4. The police after registering the FIR, completed
the investigation and filed the charge sheet which is
under challenge.
5. The learned counsel for the petitioner has
contended that there is no ingredients to attract
Section 107 of IPC for abatement and committing
suicide by the deceased and merely death note is left
that itself is not a ground to show that he has abated
the deceased to commit suicide and she was under
depression. Therefore, prays for quashing the criminal
proceedings.
6. Per contra, respondent counsel has contended
that there was continuous harassment made by the
petitioner on the deceased. He has refused to marry
her, there was telephone conversation and massages
between the petitioner and deceased. The police have
seized the same and sent to FSL but FSL report is not
yet received. There is a prima facie material to frame
the charges and harassment made by the petitioner on
the deceased. Hence, prays for dismissing the petition.
7. The Learned High Court Government Pleader
also objected the petition contending that there are
continuous death note written by the deceased, where
the accused suspected her character and refused to
marry her. Therefore, the accused forced her to commit
suicide. The investigation is completed and the charge
sheet is already filed. If at all any defence available
then the accused shall take the same before the trial
Court and therefore prays for dismissing the petition.
8. Having heard the arguments, perused the
records
9. The learned counsel for the petitioner has relied
upon the judgment of Hon'ble Supreme Court in Mohit
Singhal and another -vs- State of Uttarakhand
and others reported in (2024) I SCC 417, where the
Hon'ble Apex Court quashed the criminal proceedings
wherein there was financial dispute between the
deceased and the accused and it is stated that there is
no mens rea to instigate the deceased to commit
suicide.
10. In another case in Criminal Appeal No. ------
/2024 arising out of SLP (Criminal) Dairy No.
39981/2022 in the case of Prabhu -vs- State
represented by the Inspector of Police, wherein the
Hon'ble Supreme Court quashed the criminal
proceedings under Sections 306 and 417 of IPC and
Hon'ble Supreme Court has considered various
judgments and quashed the FIR and charge sheet.
11. The learned counsel for the respondent and
Learned High Court Government Pleader for
respondent-State has contended that on reading of the
death note and messages between the accused and
deceased reveals that there was harassment made by
the petitioner to the accused and not only he has
refused to marry her but after five years of love he has
suspected her character and abused her in filthy
language and therefore there is no other option to
deceased to commit suicide.
12. There is no second thought in respect of the
principals laid down by the Hon'ble Apex Court the
above cases stated supra. But here in this case, where
the petitioner continuously had love with the deceased
and subsequently he agreed to marry her, later he
refused to marry her, on the ground of suspecting her
character stating that she is having affair with some
other persons. Apart from that, the death note itself
reveals that she has stated he is suspecting her
character, she has categorically stated in the death
note that he has suspected her character and also told
that she cannot do anything to him and even if she
dies, he can face the Court case and he will not worry
as she is not having good character.
13. Though the first death note was started in
01.08.2022 and later even prior to the death she has
written another death note by implicating the accused.
On reading of the entire death note, which clearly
reveals that the petitioner abused her with criminal
intention and even he has dare enough to say that even
if she commit suicide, he will face the Court case and
she cannot do anything against him, which clearly
reveals that there was conversation between the
deceased and the accused, even prior to the suicide.
Otherwise there is no question of the accused
telephoning to the mother of the deceased and
informing that she (deceased) is not lifting the phone
and ask the CW-2 to give the telephone to the
deceased which clearly reveals that prior to committing
suicide there was a conversation between the deceased
and the accused. The accused was having knowledge
about the deceased going to commit suicide.
14. Therefore, the facts and circumstances differs
from the case, which the judgment relied by the
counsel for the petitioner, once a statement were given
in respect of the love affairs, death note and CDR prior
to the suicide were all a presumption available to the
prosecution and the accused is required to face the trial
and rebute the evidence of the prosecution witnesses in
the Court of law. Therefore, the accused is required to
take the trial.
15. The police has investigated the matter and
filed the charge sheet, the FIR report, in respect of CDR
is not yet received. Therefore, the petition is devoid of
merits and liable to be dismissed.
Accordingly, petition filed by the petitioner under
Section 482 of Cr.P.C is hereby Dismissed.
Sd/-
(K.NATARAJAN)
JUDGE
VS
CT:SK
