Citation : 2025 Latest Caselaw 1308 Kant
Judgement Date : 6 June, 2025
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NC: 2025:KHC:19533
CRL.P No. 876 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 876 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. SMT. ANNAMMA
W/O LATE GURUMURTHY,
AGED ABOUT 56 YEARS,
R/AT NEAR WATER TANK,
KANAKANAGARA, 4TH CROSS,
HOSKOTE, BENGALURU RURAL,
BENGALURU - 562 114
2. SMT. LAKSHAMAMMA,
W/O H. SHRINIVAS,
AGED ABOUT 49 YEARS,
R/AT KILARAPETE, BHOVI COLONY,
HOSKOTE, BENGALURU RURAL,
BENGALURU - 562 114.
3. SMT. SWATHI,
W/O KRISHNAPPA,
Digitally
signed by AGED ABOUT 48 YEARS,
CHANDANA R/AT NO.7, 3RD CROSS,
BM
Location:
SHRI SHABARIGIRI NILAYA,
High Court of SATYA SAI LAYOUT, WHITEFIELD,
Karnataka
BENGALURU - 560 066
4. SMT. HEMALATHA @ LATHA,
W/O LATE ANILKUMAR,
AGED ABOUT 26 YEARS,
R/AT KILARAPETE, BHOVI COLONY,
HOSKOTE, BENGALURU RURAL,
BENGALURU - 562 114
...PETITIONERS
(BY SRI. K B K SWAMY, ADVOCATE)
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NC: 2025:KHC:19533
CRL.P No. 876 of 2024
HC-KAR
AND:
1. STATE OF KARNATAKA,
BY RAMANAGARA TOWN POLICE,
RAMANAGARA CITY,
THROUGH THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001
2. SRI. SUNDARA RAJU
S/O LATE M. C. MARIYAPPA,
AGED ABOUT 66 YEARS,
R/AT GURUBHAVANA ROAD,
4TH CROSS, BHOVI COLONY,
KR BADAVANE, MADHUGIRI,
TUMKURU,
PIN - 572 132
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
R2 - SERVED)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN RESPECT OF
PETITIONER/ACCUSED NO.1 TO 4 IN S.C.NO.109/2023
(CR.NO.35/2022) REGISTERED BY RAMANAGARA CITY POLICE
STATION, RAMANAGARA CITY FOR THE OFFENCE PUNISHABLE
UNDER SECTION 306 OF IPC PENDING ON THE FILE OF THE
HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
RAMANAGARA AND CONSEQUENTLY PASS SUCH OTHER
ORDERS AS DEEM FIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek for the following reliefs: -
"a) To quash the entire proceedings, in respect of petitioners/Accused No.1 to 4, in S.C.No.109/2023
NC: 2025:KHC:19533
HC-KAR
(Crime No.35/2022) registered by Ramanagara City Police Station, Ramanagara City, for the offences under punishable under Section 306 of IPC, pending on the file of Hon'ble Principal District and Sessions Judge at Ramanagara and consequently pass such other orders as deem fit in the interest of justice and equity."
2. Heard learned counsel for the petitioners and learned
HCGP for respondent No.1 and perused the material on record.
3. Respondent No.2 having been served with the notice
of the petition, has chosen to remain unrepresented and has not
contested the petition.
4. A perusal of the material on record will indicate that
respondent No.2 is none other than the father of the deceased one
Anilkumar, who was working as a labourer in Ramanagara Town
Municipal Council and was found having allegedly committed
suicide on 12.04.2022, in pursuance of which, the present FIR in
Crime No.35/2022 is registered by the 1st respondent - Police
against the 4 persons being the petitioners including the wife of the
deceased and their relatives. Consequently, in the light of the
judgment of the Apex Court in the case of Mahendra Awase vs.
NC: 2025:KHC:19533
HC-KAR
The State of Madhya Pradesh - 2025 INSC 46, Ayub Khan vs.
State of Uttar Pradesh - 2025 INSC 168, Mohit Singhal and
Another Vs. State of Uttarakhandb - (2024 1 Supreme Court
Cases 417; Dr. Radhika Kapahtia Vs. State of Kerala and
Others- 2024 SCC Online Ker 1344, David D'Souza Vs. State of
Karnataka (Criminal Petition No. 4851/2022); and Sri V.V
Singara Velu and Anr., Vs. State of Karnataka and Another
(Criminal Petition No 3095/2022), I am of the considered opinion
that the necessary ingredients of constituting the offence
punishable under Section 306 of IPC are conspicuously absent in
the impugned FIR and complaint; so also, the material on record
discloses that necessary ingredients constituting the offence under
Section 306 of IPC are also not made out and as such, the
impugned proceedings deserves to be quashed.
4. In the result, I pass the following:-
ORDER
(i) The Petition is hereby allowed.
(ii) The impugned proceedings in Crime
No.35/2022 registered by the 1st respondent -
Ramanagara City Police Station, pending on the
NC: 2025:KHC:19533
HC-KAR
file of Principal District and Sessions Judge,
Ramanagara, insofar as the petitioners are
concerned, are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS
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