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2025 Supreme(Online)(KAR) 12260

KARNATAKA HIGH COURT
SMT KANAKA LAKSHMI B M – Appellant
Versus
STATE OF KARNATAKA – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. To establish abetment of suicide, there must be clear evidence that acts of the accused directly instigated or encouraged the deceased to commit suicide, and these acts should be proximate to the act itself (!) (!) (!) .

  2. Mere allegations of harassment or misconduct are insufficient unless there is concrete and proximate evidence showing that the accused's actions left the deceased with no other option but to end her life (!) (!) (!) .

  3. The psychological autopsy of the deceased indicates that feelings of entrapment, hopelessness, perceived threats, and humiliation contributed to her decision to commit suicide. These factors suggest that her state of mind was influenced by her perception of injustice and psychological pain (!) (!) .

  4. The act of the accused must have a direct nexus with the suicide, and it must have been committed immediately prior to the act, with the intent to instigate or aid the deceased in committing suicide (!) (!) .

  5. The court emphasizes that the accused's conduct, including continuous harassment or provocation, which creates a situation where the victim perceives no alternative but to commit suicide, can constitute abetment. However, words or actions made in anger or without the intent to cause harm may not meet this threshold (!) (!) .

  6. In this case, there is no concrete evidence that the petitioner directly instigated or incited the deceased to commit suicide. The recorded conversations and evidence do not demonstrate acts of instigation or abetment proximate to the time of the deceased's death (!) (!) (!) .

  7. The investigation has been completed, and a draft charge sheet has been prepared. The petitioner’s conduct and psychological autopsy suggest that her actions do not meet the criteria for abetment under the law (!) (!) .

  8. The court considers the petitioner's status as a government servant and the fact that investigation and charges are already underway, which diminishes the likelihood of her fleeing or tampering with evidence. Accordingly, bail has been granted with specific conditions to ensure her presence and prevent interference with witnesses (!) (!) (!) (!) (!) .

In summary, the legal analysis indicates that there is insufficient evidence to establish that the petitioner abetted or instigated the deceased to commit suicide. The psychological factors and the absence of proximate, concrete acts of instigation support the decision to grant bail.


ORAL ORDER

1. Accused in Crime No.338/2024 registered by Banashankari Police Station, Benglauru City, for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988 and Section 108 of BNS, 2023 , is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.338/2024 was registered by Banashankari Police Station, Bengaluru City, for the aforesaid offences based on the first information dated 22.11.2024 received from Sangeetha S, sister of deceased Jeeva S. During the course of investigation of the case, petitioner herein was arrested on 11.03.2025 and subsequently, remanded to judicial custody. Bail application filed by her before the jurisdictional Sessions Court in Cr.No.338/2024 was rejected on 28.03.2025. Therefore, she is before this Court.

4. Learned Senior counsel appearing on behalf of the petitioner having reiterated the grounds urged in the petition submits that material on record do not make out a prima facie case against the petitioner for the offence punishable under Section 108 of BNS, 2023 . In the death note of the deceased, she has not made any allegation of dema

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Judicial Analysis

None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. There are no keywords such as "overruled," "reversed," "criticized," or "overruled by" in the descriptions provided. Therefore, based on the available information, no case is identified as bad law.

Followed/Consistent Treatment:

Both cases appear to establish or clarify legal standards regarding abetment of suicide under the Indian Penal Code (IPC). Their detailed explanations of the elements required (such as intent, mens rea, and the nature of harassment) suggest these are considered authoritative references on the subject.

Since there is no indication of subsequent treatment, they are likely considered good law and foundational in this area.

Uncertain Cases:

None of the cases exhibit ambiguous treatment or insufficient information to categorize them definitively. Both are presented as authoritative statements of law without any indication they have been questioned or overruled.

None. The treatment of both cases appears straightforward and unambiguous based on the provided descriptions.

**Source :** Ayyub VS State Of Uttar Pradesh - Supreme Court Jayedeepsinh Pravinsinh Chavda VS State of Gujarat - Supreme Court

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