ORDER :

Though this petition is listed for admission, with the consent of the learned HCGP for the State and the counsel for the respondent, the matter is taken up for final disposal.

2. The factual matrix of this petition are as under :

The deceased Rakshitha was studying in Final Year B.Sc. She fell in love with the accused since two years and the accused had given assurance to her that he was making preparations to go to abroad. But, the deceased was not happy with the said decision taken by the accused, as a result of that, on 30.11.2012 she committed suicide in between 8.00 AM to 11.AM in her room by hanging with means of ligature materials seized by the investigation officer during the course of investigation.

3. Subsequent to the registration of the crime in Crime No. 429/2013, the Investigation Officer has taken up the case for investigation and laid charge sheet against the accused for the offence under Section 306 IPC. Subsequently, committed the case to the Court for trial and it is pending for trial. In the meanwhile, the accused filed application under Section 227 Cr.P.C. seeking discharge of the offence under Section 306 of IPC as lugged against him in S.C.No. 42/2013.

4. State has preferred this petition by questioning the legality of the order passed by the Court below in S.C.No. 42/2013 by allowing the application filed by the accused under Section 227 Cr.P.C and consequently discharging the accused from the alleged offence.

5. The learned HCGP for the State has taken me through the complaint said to have been filed by the complainant before the Udupi Town Police Station where it is stated that the deceased and the accused were in love with each other and the accused made her to commit suicide in her room on 30.11.2012 in between 8.00 AM to 11.00 AM. The same has been revealed in the FIR said to be recorded by the police and so also the substance of the charges laid against the accused. Due to falling in love with the accused and the accused had taken a decision to go to abroad, the deceased Rakshitha was under depression and committed suicide. The investigation officer who has taken up the case for investigation and laid the charge sheet against the accused. The charge sheet consists statement of witnesses and so also the mahazar conducted in the presence of panch witnesses and also inquest also done over the body. These are all the materials which are collected by the Investigation Officer and this reveals that this accused is the cause for the death of Rakshitha. The same has not been considered by the trial Court in S.C.No.42/2013 while allowing the discharge application under Section 227 of Cr.P.C. Therefore, in this Criminal Revision Petition it requires to be interfered with by setting aside the order passed by the trial Court in S.C. No. 42/2013 dated 30.5.2015 while entertaining the application filed by the accused under Section 227 Cr.P.C seeking discharge for the offence leveled against him under Section 306 of IPC.

6. Learned counsel Sri K.Vishwanatha appearing for the respondent/accused contended that accused is alleged to have had love affair with the deceased Rakshitha and due to that love affair she committed suicide by hanging in her room in between 8.00 AM to 11 AM on 30.11.2012. Though the parents of the deceased had given statements before the Investigation Officer during the course of investigation, but the ingredients relating to the provisions of Section 107 IPC so also relating to Section 306 IPC has not been put forth in the charge sheet laid by the Investigation Officer. Merely because there was a love affair, it cannot be constitute cause for offence under Section 306 IPC and for causing death of the deceased. The trial Court in S.C.No. 42/2013 has taken into consideration all the contentions urged in the application filed under Section 227 of Cr.P.C. The trial Court has also referred the judgment of the Supreme Court in the case of KEWAL KRISHAN S/O LACHMAN DAS vs SURAJ BHAN AND ANOTHER [1