Back
2025 Supreme(Kar) 350
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
V. SRISHANANDA, J.
The State of Karnataka - Appellant
Versus
Nagappa @ Nagaraja S/o Erappa Sarawada - Respondent
Criminal Revision Petition No. 200079 of 2021
Decided On : 01-07-2025
Advocate Appeared:
For the Appellant : Arati Patil
For the Respondent: Sachin Mahajan
The court affirmed that allegations must be supported by sufficient evidence for charges of abetment and atrocity; mere accusations without substantiation do not meet threshold for trial.
Headnote:(A) Indian Penal Code - Sections 504 and 306 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Discharge of accused - Trial Judge discharged accused, holding insufficient evidence of instigation to lead to suicide - Prima facie evidence presented did not establish required elements of the offences alleged. (Paras 6, 10, 19)
(B) Criminal Procedure Code - Section 227 - The court's role at discharge stage is to examine if sufficient grounds to proceed to trial exist; a detailed examination can result in miscarriage of justice. (Paras 9, 14)
Facts of the case:
The complaint arose after the husband of the complainant committed suicide, allegedly due to harassment and insult by his superior officers. Allegations included demands for money and insults regarding caste. There were significant inconsistencies in witness statements about the events leading to the suicide. (Paras 3, 4, 11)
Findings of Court:
The Trial Judge found no material evidence against the accused to support charges of abetting suicide or committing acts of atrocity, leading to their discharge despite the suicide being acknowledged. (Paras 15, 19)
Issues: The main issue was whether the Trial Judge erred in discharging the accused given the prosecution's claims of harassment and insult. (Paras 1, 8)
Ratio Decidendi: The court upheld that the discharge was appropriate due to insufficient evidence, emphasizing that allegations must be substantiated by credible material, not mere allegations. (Paras 14, 18)
Result: Criminal Revision Petition dismissed.
| Table of Content |
|---|
| 1. discharge application facts related to suicide. (Para 3 , 4 , 5) |
| 2. prosecution's arguments against discharge order. (Para 8 , 9) |
| 3. witness statements relevance to abetment. (Para 10 , 11 , 12) |
| 4. court's analysis of evidence for discharge. (Para 13 , 14 , 15) |
| 5. procedure for evaluating discharge applications. (Para 16 , 17 , 18) |
| 6. insufficient evidence for abetment or instigation. (Para 19) |
ORDER :
1. Heard Smt.Arati Patil, learned High Court Government Pleader for the revision petitioner and Sri Sachin Mahajan, learned counsel for the respondents.
2. The present petition is filed by the State challenging the order of discharge passed in Special Case (Atrocity) No.251/2019 dated 18th February 2021 on the file of the I Addl. District and Sessions Judge, Raichur.
3. Facts of the case in brief which are utmost necessary for disposal of the present revision petition are as under:
Smt.Amaramma, wife of deceased Topanna lodged a complaint with Lingasguru Police which was registered in Crime No.344/2018 for commission of the offences punishable under Sections 504, 306 r/w 341 of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. Gist of the complaint averments reveal that husband of the complainant committed suicide on account of the insult caused to him in the public view.
5. After thorough investigation, police filed the charge sheet. Accused entered appearance after obtaining the bail, filed an application under Section 227 of the Code of Criminal Procedure seeking for discharge from the matter.
6. The prosecution opposed the application by filing detailed written objections.
7. After hearing the arguments of both sides and analysing the materials placed on record by the prosecution, learned Trial Judge allowed the discharge application, inter alia holding in paragraph Nos.10 to 16 and 19, as under:
“10. Bearing in mind above cardinal legal principles, this court has to appreciate the above materials which placed by the prosecution with support of above alligation. PM report of deceased shows that learned doctor has opined that death of Topanna was resulted due to respiratory failure as a result of consumption of substance containing as that of organo phosphorous compound based on the hospital records and Topanna died in the hospital on 15.9.2018 while taking treatment for consumption of poison. Other medical records show that deceased was shifted to S. Nijalingappa medical college, Bagalkot on 3.9.2018 and he was also taken treatment at General Hospital Lingasugur. Inquest panchanama, PM report and statement of relatives of deceased Topanna prima facie establish that Topanna died on 15.9.2018 while taking treatment in the hospital and he was admitted to hospital on 3.9.2018 for treatment with history of consumption of poison. Thus, death of Topanna on the material date, time and place as alleged by the prosecution abundantly established.
11. It is the version of prosecution that due to alleged act of these accused, Topanna consumed poison and died. First informer/CW-1 Amaramma in her first information statement which lodged on 16.9.2018 has stated that both accused being superior officers of her husband in Lingasugur KSRTC depot harassed her husband for 51 days demanding Rs.20,000 for retention of her husband in Lingasugur KSRTC depot and they have abused and insulted her husband with his caste as a bastard son of Lamani prostitute on 3.9.2018 at 1 a.m. in depot of Lingasugur, as a result of which, her husband consumed poison. She has specifically stated in her FIS to the effect that :
Thus, above first information which made after lapse of nearly 12 days from the alleged incident shows different version on the alleged act of atrocity of these accused against her husband. CW-1 in her further statement on 18.9.2018 has stated that on 3.9.2018 at 1 p.m. her son CW-2 Vinod Kumar informed her that her husband, who telephoned to her el
