Abetment of suicide requires a positive proximate act of instigation and clear mens rea; domestic discord alone does not suffice for conviction, supporting the grant of bail when no prior complaints of harassment exist.

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC.NO.122/2025 ARISING OUT OF CR.NO.50/2025 OF NAPOKLU P.S., KODAGU DISTRICT, PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 108 READ WITH SECTION 3(5) OF BNS, 2023, (CORRESPONDING PROVISION U/S 498(A),306 R/W 34 OF IPC)

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner, accused of offence punishable under Section 108 of BNS Act in Sessions Case No.122/2025 pending on the file of the I Additional District and Sessions Judge, Kodagu-Madikere arising out of Crime No.50/2025 registered by the respondent/police before this Court seeking grant of bail.

2. A complaint dated 24.07.2025 came to be filed by sister of the victim alleging that the marriage between the petitioner and the victim was solemnized in the year 2016 by giving gold ornaments. The petitioner had constantly subjected the victim to harassment on account of dowry demands. Initially, he demanded an auto-rickshaw, which was provided by the victim’s father and thereafter demanded a car, which was also provided by the victim’s father.

3. The victim had confided about she being subjected to harassment to the complainant. It is further alleged that on the 24.07.2025, at about 12:30 a.m., the complainant received information that the victim had committed suicide in the house of accused-petitioner. Suspecting she having been subjected to physical assault by the accused and his mother, a complaint came to be lodged against the accused-petitioner.

4. Learned counsel for the petitioner submits that the marriage was solemnized in the year 2016, i.e., nearly nine years prior to the date of the alleged incident. It is contended that during all these years, there was no complaint or allegation whatsoever with regard to dowry harassment. It is further submitted that merely because the deceased has committed suicide, the present complaint has been filed, falsely implicating the petitioner, though he is innocent of the allegations made against him.

5. Heard. Perused the records.

6. The post-mortem report does not indicate the presence of any external injuries on the body of the deceased. The cause of death is opined to be consistent with asphyxia as a result of hanging.

7. The Hon'ble Apex Court in the case of PATEL BABUBHAI MANOHARDAS AND OTHERS VS. STATE OF GUJARAT reported in 2025 SCC ONLINE SC 503 at paragraphs 22, 23, 24 has held as under;

"22. Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. Besides, in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence.

23. This Court in Amudha v. State held that there has to be an act of incitement on the part of the accused proximate to the date on which the deceased committed suicide. The act attributed should not only be proximate to the time of suicide but should also be of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide.

24. Again, in the case of Kamaruddin Dastagir Sanadi v. State of Karnataka, this Court observed that discord and differences in domestic life are quite common in society. Commission of suic