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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Nandisha K. S/o Kadirappa – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner – accused No.2 is at the doors of this Court calling in question proceedings in C.C.No.8089/2024, pending before the Additional Chief Judicial Magistrate, Bengaluru Rural District, for the offences under Sections 306 r/w. 34 of the IPC, arising out of Crime No.200/2024. The second respondent is the complainant, the father of the victim.
2. Heard Sri Rajath, learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1. Respondent No.2 - complainant though served, has chosen to remain unrepresented.
3. Unfolding of facts, are as follows:
The son of the second respondent gets married to accused No.1 on 18.02.2024. The son and the daughter in-law shift to a separate residence. The relationship between the two soon began to sore after marriage and the husband generated apprehension of the newly married wife to be having an affair with the petitioner – accused No.2. The allegation in the complaint is that, on the discovery of the affair of the wife with the petitioner, she began to torture the son of the complainant, whom she was married three months ago. Alleging that the son – victim was tormented and tort
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
Section 306 of IPC reads as abetment of suicide.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
Abetment to suicide under IPC Sections 306 and 498A necessitates proof of instigation or influencing behavior, requiring thorough examination in trial; mere allegations do not suffice.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
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