The main legal point established is that for a conviction under Section 306 of IPC, there must be a clear mens rea and active incitement leading to the commission of suicide, and mere involvement in related activities does not constitute abetment.

Rathnakala, J.

1. The petitioner/6th accused, is charge sheeted along with co-accused in respect of the offence punishable under Section 306 read with Section 34 of IPC.

2. The allegation of the prosecution is, the accused No. 2 and 4 took the title deed pertaining to the house property from the father of the complainant viz. Late Venkatesh; in connivance with the co-accused fabricated the documents pertaining to said property in the name of 1st accused and availed a loan of Rs. 8.40 Lakhs(Rupees Eight Lakhs Forty Thousand Only) from the State Bank of Travancore. Thereafter, the Bank Authority and also accused persons started pestering the deceased Venkatesh which drove him to frustration so as to commit a suicide. At the relevant point of time, the petitioner herein was working as Manager in State Bank of Travancore and 5th accused was the Field Officer.

3. Sri C.H. Jadhav, learned Senior Counsel for Smt. Rashmi Jadhav, appearing for the petitioner submits that the petitioner being the Bank Manager was not the final authority to sanction the loan. At the relevant point of time, A1-Siddana Gowda applied for loan on the basis of the documents which is now alleged to be false document created on the basis of the title deed that stood in the name of the deceased M.R. Venkatesh. His role was limited only to the extent of physical inspection of the property described in the documents, and to issue an Inspection and Valuation Report. After Title Clearance Certificate given by the advocate, he inspected the house. He was transferred from State Bank of Travancore on 05.06.2007 and deceased Venkatesh committed suicide on 29.06.2009. Subsequent to his transfer, he had no communication of whatever nature with the deceased. His name was not mentioned in the FIR and statements of the witnesses will not make out a case of abetment. In view of the nature of his duty, he could not be present at Bengaluru for a long stretch of time. The initiation of the criminal proceedings against him has resulted in deterioration of his health condition. Assuming that the entire charge sheet material is true and real, no case under Section 306 of IPC is made out against him. The continuation of criminal proceedings against him amounts to abuse process of law and liable to be quashed.

4. Sri Chetan Desai, learned HCGP for R1 supported with Sri Ashok Shetty, learned counsel for Sri S. Vishwajith Shetty, appearing for R2 submits though the petitioner was not stationed at Bengaluru on the day the deceased committed suicide, he connived with the accused to create a false document in the name of A1 in respect of house property of the deceased, thereby he was instrumental for sanction of loan. As per materials collected by the IO, because of coercion exerted on the petitioner to repay the loan amount, the deceased was driven to a situation, that there was no other go for him except to commit suicide. The contention advanced on behalf of the petitioner can at the best be availed by him as his defence during the trial and the case cannot be quashed at the threshold.

5. In the charge sheet except statements of the complainant and witnesses, no other material pertaining to the indulgence of this petitioner in creating forged document and coercing the deceased are to be found. The witnesses cited are one Chandrakanth/Complainant/CW 1, CW 2 and 3 the spot mahazar witnesses, CW 4 to 6/the panch witnesses, CW 7 to 10/the witnesses to the inquest mahazar. CW 11 and 13/circumstances witnesses to the transaction between the deceased and 1st accused, CW 15 to 23/the police witnesses, CW 24/doctor who conducted the autopsy and CW 25/I.O. Going by the version of the circumstantial witnesses, they are neighbors of the deceased. Their knowledge of incident is hearsay. Accordingly, deceased was a weaver by profession and had purchased a residential site from one Krishnappa and constructed a building on said site and had put-up looms. A1 assured the deceased to assist for availin