Back
C. M. JOSHI
Nagaraj K. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
C M Joshi, J. - Heard, Sri. N. Udaya Kumar, learned counsel who has appeared with NOC of earlier counsel and learned High Court Government Pleader for respondent. Perused the records available before this Court.
2. The factual matrix leading to the case is that the petitioners herein are arrayed as accused Nos.2, 3 and 4 in Crime.No.405/2022 registered by Rajagopal Nagar Police Station, for the offence punishable under Section 306 r/w Section 34 of IPC.
3. The case of the prosecution is that the complainant was working as a Handloom employee in Bengaluru and his parents are from Kodagu District. It is stated that around eight years back his brother Srinivas was married to Accused No.1 Sandhya and out of their wedlock they had a child aged about 6 1/2 years. The deceased Srinivas was working as a Medical representative and his wife Sandhya was working in a private company. It is contended in the complaint that there was a quarrel between the deceased Srinivas and accused No.1 Sandhya frequently for silly reasons and also for financial reasons and the accused No.1 used to assault and abuse the said Srinivas in front of father, mother and younger brother who are petitioners here
The court considered the remote role of the petitioners in the alleged instigation to commit suicide and granted them anticipatory bail.
Granting anticipatory bail based on the facts and circumstances of the case and without expressing any opinion on the merits of the case.
For abetment of suicide, mere quarrels or angry words do not constitute instigation unless there is clear intention to aid or conspire in the act.
The court ruled that mere familial disputes do not constitute abetment of suicide; clear evidence of active instigation is required for prosecution under Section 108 of BNSS, 2023.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
