Karnataka High Court
Rajkumar vs State Of Karnataka By on 7 March, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC:9872
CRL.P No. 13546 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 13546 OF 2023
BETWEEN:
RAJKUMAR
S/O GOVINDARAJU
AGED ABOUT 42 YEARS
R/AT: NO.1293, C/O RAJASHEKAR BUILDING
BEHIND KABAB MIRCHI
MARATHAHALLI
BENGALURU-560 037.
...PETITIONER
(BY SRI. NATARAJ D., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
MARATHAHALLI POLICE STATION,
BENGALURU
Digitally signed by B REPRESENTED BY STATE PUBLIC PROSECUTOR, HCK
K
MAHENDRAKUMAR BANGALORE-560 001.
Location: HIGH
COURT OF
KARNATAKA 2. SATISH KUMAR S
S/O SHAM KUMAR J
AGED ABOUT 38 YEARS,
R/AT NO.91, SHAMANNA REDDY BUILDING,
6TH CROSS, OPP. RAMA TEMPLE,
DODDENAKUNDI
BENGALURU-560 037.
...RESPONDENTS
(BY SRI. LAKSHMAN B., HCGP FOR R-1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
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NC: 2025:KHC:9872
CRL.P No. 13546 of 2023
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS THEREIN ARISING OUT
OF FIR IN QUESTION CR.NO.159/2023 AFTER INVESTIGATION
NOW RENUMBERED AS S.C.NO.1819/2023 REGISTERED AT
MARATHAHALLI POLICE STATION FOR THE OFFENCE P/U/S
498(A) AND 306 OF IPC, PENDING ON THE FILE OF THE
HON'BLE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU AGAINST THE PETITIONER BY ALLOWING THIS
PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner, who is facing the charges for the offences punishable under Sections 498(A) and 306 of IPC, is before this Court seeking relief.
2. The case of the prosecution is that the marriage of the petitioner with the deceased - wife was solemnized on 19.2.2012, and from the said wedlock, one child was born. The petitioner - accused is an alcoholic and never used to take care of his family. He would always demand money to consume alcohol from his deceased - wife, failing which he would pick quarrels unnecessarily, assault and abuse her in filthy language.
3. Furthermore, the prosecution alleges that the accused subjected the deceased to cruelty, both mentally and physically. Therefore, she was unable to bear the harassment, and committed suicide on 19.6.2023 in the matrimonial home.
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4. The de facto complainant though served with notice has not chosen to appear in person or through his counsel, and is placed ex-parte.
5. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1.
6. The prosecution has placed the death note alleged to have been left behind by the deceased. Perusal of the death note discloses that "Anna Raj is the greatest husband, who changed my entire life and he always says that I did it, never ever he was a husband. Just for sex......", further it is stated that "..one guy called Raj if he would have given me good husband and normal husband kada. I wont gone kada." The said Death Note does not circumvent any of the elements necessary to constitute an offence under Section 306 of IPC.
7. Furthermore, this Court in the case of Devaraju v. State of Karnataka, Crl.P. No. 9244/2021:DD 14.08.2023, laid down the following essential elements to constitute an offence under Section 306 of IPC:
1. There must be an intention on part of the accused to aid or instigate or abet the deceased to commit suicide.
2. There must be a suicidal death and abetment thereof.
3. There must be continuous harassment meted out by the accused before the death.
4. Such irritation or annoyance must be proximate to the time of the occurrence of death.-4-
NC: 2025:KHC:9872 CRL.P No. 13546 of 2023
8. Except the allegation made by the prosecution, there is no allegation against the petitioner - accused for having insisted the deceased - wife to commit suicide. There is also no temporal proximity between the incident and the alleged instances of harassment. Mere suspicion that the victim was subjected to physical and mental harassment before her death is too remote to establish the essential ingredients of the offences under Sections 306 and 498-A of the IPC.
9. Accordingly, this petition is allowed. The impugned criminal proceedings in SC No.1819/2023 pending on the file of the learned LXXI Addl. City Civil and Sessions Judge, Bengaluru, is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 107