IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 10273 OF 2022 (482(Cr.PC) / 528(BNSS))

BETWEEN:

1. SIVASUBRAMANIAN S.

S/O G.SWAMINATHAN AGED ABOUT 38 YEARS R/AT NO.17, KUMARAKRUPA

1^ST MAIN, 1^ST CROSS MATHRU LAYOUT BEHIND MOTHER DAIRY GKVK POST, YELAHANKA BENGALURU-560 065.

…PETITIONER Digitally (BY SRI. P.PRASAD, ADVOCATE)

signed by GEETHA P G Location : AND:

HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA BY CHANNARAYAPATNA TOWN POLICE STATION CHANNARAYAPATNA HOBLI CHANNARAYAPATNA CIRCLE HASSAN DISTRICT-573 116.

REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. ROOPA D.R.

W/O GOIPINATHA AGED ABOUT 37 YEARS R/AT GOUNDEGOWDEN KOPPALU HASSAN TOWN, VIVEKANAGARA AND CLOSE TO VIDYA NAGAR

2^ND STAGE, HASSAN DISTRICT-573 201.

…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;

SRI. YASHWANTH NETHAJI N.T., ADVOCAET FOR SRI. K.V.NARASIMHAN, ADVOCATE FOR R2)

THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.

PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONER IN CRIME NO.195/2020 REGISTERED BY THE CHANNARAYAPATANA TOWN POLICE STATION, CHANNARAYAPATANA, HASSAN DISTRICT AND REGISTER AS C.C.NO.459/2022, UNDER SECTION 306 OF INDIAN PENAL CODE, 1860 AND PENDING IN THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT CHANNARAYAPATNA, HASSAN DISTRICT IN DOCUMENT NO.2.

THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

Husband of respondent no.2 unfortunately committed suicide on 08.10.2020. He has written a death note. The same reveals that he had financial transactions with several persons wherein he had lent loans and he had borrowed loans. The persons to whom he had lent the loan were not repaying the same to him and the persons from whom he had borrowed the loan were putting pressure on him to repay the same. Unable to bear the pressure he committed suicide. One such person who had to pay money to the deceased, as per the death note, is the petitioner herein and the deceased has mentioned that the petitioner has cheated him. On the said ground petitioner has been accused of committing an offence under Section 306 of IPC and it has culminated in C.C.No.459/2022 pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC Court, Channarayapatna, Hassan District.

2. The case of the petitioner is that he has not cheated the deceased and in fact he has repaid all the amounts due. It is further submitted that the deceased was under the wrong impression that petitioner had cheated him. It is also submitted that the deceased was under a delusion and he has written the name of the petitioner erroneously in the death note. It is submitted that the deceased was addicted to gambling because of which he incurred huge losses and committed suicide.

3. Per contra, learned counsel for respondent no.2 submits that it is because petitioner cheated the deceased, he has committed suicide. Be that as it may, even presuming the contents of death note to be true, the question that arises for consideration in the instant case is whether it is sufficient to hold the petitioner guilty of the offence under Section 306 of IPC.

4. Section 306 of IPC reads as under:

"306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

5. In order to convict a person under Section 306 of IPC there has to be a clear mens rea on the part of the accused to commit the offence. It requires an active act or direct act which led the deceased to commit suicide, leaving him no option, and such act must have been intended to push the deceased into such a position that he committed suicide. In the instant case, as per the death note, even if presumed to be true, reveals that the pet