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K. NATARAJAN
Santhosh S. G. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. These petition are filed by the petitioner-accused Nos.1 and 2 under Sec. 438 of Cr.P.C., for granting anticipatory bail in Crime No. 47/2020 registered by Kalasa Police Station, Chikkamagaluru District, for the offence punishable under Sec. 306 of IPC on the file of Additional Civil Judge (Jr.Dn.) and J.M.F.C. at Mudigere.
2. Heard the arguments of learned counsel for petitioners and learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that on the complaint of one Sujith Kumar son of the deceased Narayana filed complaint the police on 25/12/2022 alleging that his father Narayana said to have borrowed Rs.20,000.00 from the petitioner/accused No.1 Santosh and he was insisting to repay the same continuously and was demanding to return the money. That on 23/12/2022 when his father was coming on road accused No.1 said to have slapped on his cheek and demanded the money back, otherwise he will commit the murder of the family members. Later one Vishwa rescued his father and brought his father back. On 25/12/2020 when the deceased son and the deceased wife went out of the house, his father committed suicide because of the abetment made b
Granting anticipatory bail based on the facts and circumstances of the case and without expressing any opinion on the merits of the case.
The main legal point established in the judgment is the requirement of intention and continuous course of conduct by the accused to constitute abetment of suicide under Section 306 IPC.
The demand for repayment of a loan amount does not amount to abetment or instigation under Section 306 of IPC.
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