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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Ishan V Shriyan, S/o Vinay Shriyan – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing based on allegations from a death note. (Para 2) |
| 2. the death note reveals significant emotional turmoil but lacks legal grounds for abetment. (Para 4 , 5 , 6 , 7 , 8) |
| 3. legal threshold for abetment requires tangible evidence of instigation or aiding. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. the court quashes the proceedings due to insufficient evidence of abetment. (Para 15) |
ORDER :
SACHIN SHANKAR MAGADUM, J.
The petitioner, an engineering student, hardly aged about 18 years, is seeking quashing of proceedings pending in Crime No.15/2025 registered by Kempapura Agrahara police station for the offence punishable under sections 108 and 3(5) of the BNS, 2023.
2. Facts leading to the case are as under:
A crime has been registered at the instance of respondent No.2/defacto complainant, alleging that his son, who was pursuing engineering, committed suicide. It is alleged that the present petitioner, arrayed as accused No.1, along with another friend, arrayed as accused No.2, abetted the commission of suicide. Relying upon the contents of the death note allegedly left behind by the deceased, the crime has been registered for the aforesaid offences.
3. Hea
The elements of abetment of suicide require direct provocation or instigation, not merely emotional expressions from a suicide note.
To establish abetment of suicide, instigation, conspiracy, or aid must be proven, which was not established in this case.
A person can only be charged with abetment of suicide if it is proved that their actions intended to cause the victim to commit suicide, not merely for harassment.
The main legal point established in the judgment is the requirement of an active role and instigation in abetment to suicide, as well as the need to consider the mental state and circumstances of the....
The lack of evidence to establish abetment to commit suicide based on the contents of the suicide note.
The main legal point established in the judgment is that for an offence under Section 306 of IPC, there must be active suggestion, instigation, or encouragement on the part of the accused to abet the....
For abetment of suicide, intention of the accused to provoke suicide must be established; mere harassment does not suffice.
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