The relationship between the accused and the deceased, alongside alleged financial manipulation, establishes prima facie grounds for abetment to suicide under Sections 306 IPC and related IT Act provisions.

ORDER :

(M. NAGAPRASANNA, J.)

The petitioner is before this Court calling in question proceedings in C.C.No.3016 of 2024 pending before the IV Additional Civil Judge (Junior Division) and JMFC, Anekal, Bengaluru Rural District arising out of crime in Crime No.752 of 2023 registered for offences punishable under Section 306 of the IPC and Sections 66E and 67A of the Information Technology Act, 2008 (‘the Act’ for short).

2. The skeletal facts, though tragic in their unfolding, are as follows:-

The petitioner and the daughter of the complainant are said to be classmates in P.E.S. Engineering College, Mandya and the daughter of the complainant then began to work as a Business Analyst in MERK Company at Bangalore and was residing in a particular apartment for 1½ years prior to the date of registration of the complaint. The daughter of the complainant was said to be living alone for close to one year. A complaint comes to be registered against the petitioner for the afore-quoted offences. The fulcrum of the allegation is that the petitioner and the daughter of the complainant had a relationship for over 3 years and the relationship had resulted in certain assurances of marriage or otherwise and there were financial transactions too between the petitioner and the daughter of the complainant. On a particular day i.e., on 28-12-2023 it appears that the daughter of the complainant commits suicide and abetment to such suicide is laid on the petitioner on the score of aforesaid relationship. It then becomes a crime in Crime No.752 of 2023 initially only for offence punishable under Section 306 of the IPC . The Police conduct investigation and the investigation leads to filing of charge sheet retaining Section 306 IPC and adding Sections 66E and 67A of the Act. Pursuant thereto, the concerned Court registers C.C.No.3016 of 2024 for the afore-quoted offences. Filing of the charge sheet is what has driven the petitioner to this Court in the subject petition.

3. Heard Sri Ravi B.Naik, learned senior counsel appearing for the petitioner, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri B.Rudresh, learned counsel appearing for respondent No.2.

4. Learned senior counsel Sri Ravi B.Naik appearing for petitioner would vehemently contend that the petitioner cannot be alleged of abetment to suicide, as the complaint itself narrates that the petitioner had hurled certain abuses against the daughter of the complainant uttering ‘go and die’ and ‘do whatever you want’. This, according to learned senior counsel, cannot become abetment to suicide. He would further contend that the daughter of the complainant had gone into depression due to severe loss of investments in shares and had also got hypothyroidism which caused her severe health problems. All these would not amount to an offence of abetment of suicide.

5. Per contra, the learned counsel appearing for the 2^nd respondent/complainant would vehemently contend that the daughter of the complainant and the petitioner had a relationship is an admitted fact. The daughter of the complainant and the petitioner together, on the say of the petitioner, had invested huge sums in the shares. That is besides the point. Since they were in a relationship, the petitioner has tortured the daughter of the complainant holding all nude pictures of hers in his mobile and blackmailing the daughter of the complainant to part with money from time to time. On the fateful day, on the terrace, the petitioner fought with the daughter of the complainant and the fight led to the daughter of the complainant jumping from the 6^th floor and committing suicide. Therefore, it is not a case of utterance of ‘go and die’ but constant torture and bl