Bangalore District Court
Peenya vs Gurumurthy on 7 January, 2026
1 S.C.No. 1036/2015
KABC010208972015
IN THE COURT OF THE LXIII ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 64)
:Present :
Sri.I.P.Naik
LXIII Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 7th day of January, 2026
S.C.No. 1036/2015
COMPLAINANT State by Peenya
police station
(Rep. by: Public Prosecutor)
V/s
ACCUSED 1 Gurumurthy
S/o Thimmaiah,
46 years, R/at No. 446,
Adjacent to
Madanayakanahalli
Police Station,
Dasanapura Hobli,
Bengaluru North Taluk
2 S.C.No. 1036/2015
(Repted by Sri.YDA Advocate)
2 Chandrappa - DEAD
(Case against A-2 abated)
Date of offence 03.08.2014
Date of report of offence 03.08.2014
Date of commencement of
recording of evidence 03.03.2017
Date of closing of evidence 14.12.2025
Offences complained of U/Sec. 306 r/w 34 of IPC.
Opinion of the Judge Accused No.1 is acquitted
State represented by Learned Public Prosecutor
Accused defended by Sri YDA Advocate.
JUDGMENT
The Police Sub-Inspector of Peenya Police Station has filed charge sheet against accused No.1 and 2 alleging that 3 S.C.No. 1036/2015 they have committed the offence punishable under Sec. 306 R/w Sec.34 of IPC.
2. The factual matrix of the case is as under :
One D.G.Bylappa was running Small Provision Store at No. 52/2, 4th cross, Mantapa Road, Mallasandra, Pipeline Road, within the territorial limits of Peenya Police Station.
After establishment of Bagalagunte Police Station, this case is transferred to Bagalagunte Police Station. Accused No.1 and 2 doing Real Estate business in the name and style of Thimmarayaswamy at Madanayakanahalli. Accused No.1 and 2 along with D.G.Bylappa are involved in Real Estate business two years prior to 02.08.2014. Accused No.1 and 2 handed over 10 Hakku Patragalu (hereinafter called title 4 S.C.No. 1036/2015 instrument) to D.G.Bylappa and stated that you can sold Title instrument for Rs 1,00,000/- each, thereafter we will share the amount. Accordingly, said D.G.Bylappa was sold 10 Title instrument to different persons. Thereafter the purchasers averred that the said Title instrument are forged and concocted documents and started demanding return of money. The said D.G.Bylappa contacted with accused persons and requested several times to return of amount received by them. They have stated that they will not return the money and to do whatever you want. D.G.Bylappa was suffering mentally and committed suicide by consuming poison at remote area situated at Uchangiamma Temple, Mallasandra between 02.08.2014 to 03.08.2014.
3. The father of the CW.1 and husband of CW.2 D.G.Bylappa was left the house evening time on 02.08.2014, he did not return. They have searched him and not found 5 S.C.No. 1036/2015 out. Hence CW.1 lodged complaint before Peenya Police Station on 03.08.2014 at about 6.40 p.m as his father was missing. Some Cattle men informed to CW.1 that his father was lying dead and his body lying near Uchangiamma temple Mallasandra. Immediately CW.1 and CW.2 went to spot and found that dead body of D.G.Bylappa, who was consumed poison and the same was informed to the Police. At that time he found poison bottle and death note in two pages from the jacket of Bylappa. By reading the same he found that Bylappa was committed suicide due to acts of accused persons. Then he has recovered and shifted the body to Sapthagiri Hospital.
4. On 04.08.2014 CW.15 conducted the inquest mahazar in the presence of CW.5 to CW.7 at mortuary of Sapthagiri Hospital. Then IO has requested the Doctor to conduct autopsy on the body of deceased D.G.Bylappa. After 6 S.C.No. 1036/2015 conducting autopsy, he had hand over dead body to CW. 1 and CW.2 for cremation. Then he deputed the CW.14 to search and caught hold the accused persons. At about 12.30 p.m. on 04.08.2014 accused No.1 was caught hold and produced before him. CW.13 arrested the accused No.1 and recorded their statement and produced before Jurisdictional Police Station.
5. On 11.08.2014 CW.1 produced the model hand writing of his father i.e. deceased Bylappa. Further he submitted requisition to Sapthagiri Hospital for furnshin post mortem report. On 16.08.2014 he received articles including vicera from Sapthagiri hospital. Then he has sent the articles including the vicera and model hand writing and death note to FSL for scientific examination. Thereafter he has received FSL report and hand writing expert report. After completing 7 S.C.No. 1036/2015 other formalities, he submitted charge sheet against accused No.1 and 2.
6. During pendency of the case accused are enlarged on bail. On considering the charge sheet and other materials, the learned 7th Addl. Chief Metropolitan Magistrate, Bengaluru, took cognizance and issued process against accused No.1 and 2. Accused No.1 and 2 appeared before the learned 7th Addl. Chief Metropolitan Magistrate, Bengaluru. After complying Section 207 of Cr.P.C., the learned Magistrate committed this case to the Court of Sessions for trial.
7. After registration of this case on receipt of records, Hon'ble Prl. City Civil and Sessions Judge, Bengaluru, has made over the case to this Court for trial. On receipt of summons, accused No.1 and 2 appeared before the Court. 8 S.C.No. 1036/2015 Thereafter accused No.2 fails to appear before the Court. Hence case against accused No.2 was ordered to be split up and separate case bearing SC No. 879/2019 has been registered against him. Thereafter accused No.2 reported dead. Hence case against accused No.2 is abated.
8. Thereafter charge has been framed and read over to accused No.1. Accused No.1 pleaded not guilty and claims to be be tried.
9. In order to bring home the guilt of the accused person, the prosecution has examined 11 witnesses as PW.1 to PW.11, 25 documents got marked as Ex.P.1 to Ex.P.25 and MO.1 to MO.9 marked on behalf of prosecution.
10. During pendency of the case, accused No.1 fails to cross- examine P.Ws.1 to 4 who are examined long back. The 9 S.C.No. 1036/2015 learned counsel for accused No.1 filed application under Sec. 311 of Cr.P.C. for recall of PW.1 to PW.4. This Court has rejected the said application as per the order dated 28.05.2025. Against the same, accused No.1 preferred Crl. Revision Petition before the Hon'ble High Court of Karnataka in Crl. R. Petition No. 9413/2025. The Hon'ble High Court set aside the order of this Court by allowing the application filed by the accused and directed to dispose of the case within six months from the date of receipt of order on 09.07.2025. This Court received the said order on 13.08.2025.
11. Thereafter PW.1 to PW.4 are secured and fully cross- examined. Meanwhile accused No.1 was arrested by the Madanayakanahalli Police Station in Crime No. 594/2025 and he is remanded to J.C. under UTP No. 7041/2025. His presence is secured under body warrant. Thereafter 10 S.C.No. 1036/2015 statement of accused recorded under Sec. 313 of Cr.P.C. Accused denied incriminating evidence, he has not chosen to lead evidence and no documents produced on his behalf.
12. Heard arguments of both sides.
13. The following points arise for my consideration :
(1) Whether prosecution proves beyond reasonable doubt that the deceased Bylappa was committed suicide ?
(2) Whether prosecution proves beyond reasonable doubt that the Accused No.1 along with deceased Accused No.2 were abetted to deceased to commit suicide ?
(3) What order ?
11. On considering the charge sheet , oral and documentary evidence placed by the p r o s e c u t i o n and hearing of the parties, my answer to the above points is as under:-
11 S.C.No. 1036/2015
Point No.1 : In the Affirmative
Point No.2 : In the Negative
Point No.3 : As per final order for
----------------following
REASONS
12. The learned PP submitted that in this case prosecution proved the guilt of the accused No.1 based on oral and documentary evidence. PW.1 Ramegowda, PW.2 Renukamma are son and wife of deceased Bylappa, have supported the case of the prosecution. PW.1 specifically stated that the accused persons and deceased are friends and the sister of the accused No.1 become President of Madanayakanahalli Gram Panchayath. Further he stated that he had title instrument issued by the Government, you can sold for customers. Accordingly, Bylappa taken title instrument from the accused No.1 and 2 and he sold them to 10 to his friends and customers. Thereafter they averred 12 S.C.No. 1036/2015 that the said title instruments are forged and concocted one. Then they have demanded to return their money. In turn, deceased requested the accused No.1 and 2 to return the amount to him, but the accused No.1 and 2 did not choose to repay the amount. Further, they have instigated the Bylappa to commit suicide. Accordingly, deceased wrote death note Ex.P.4 and consumed poison, thereafter he has committed suicide by consuming poison. This aspect is categorically and specifically deposed by the PWs. 1 and 2.
13. The learned PP submitted that in this case, PW.3 is witness to S.O. mahazar and recovery of M.O.1 Poison bottle. PW.4 Pramod has also supported the prosecution case. PW.7 Raghu, who is witness to inquest mahazar has also supported the prosecution case. PW.7 Dr. Sujatha who conducted autopsy on the deceased has opined that death of deceased was due to respiratory problem as a result of 13 S.C.No. 1036/2015 consumption of substance containing Diclorovas insecticide compound. Expert witness i.e. PW.5 Gundamma stated that she has examined the M.O.1 and other vital organs of deceased, she opined that M.O.1 contained poison Diclorovas. Further argued that PW.4 Hand Writing Expert by name Zeenath also stated that Ex.P.6 contained hand writing of deceased. She has examined the note book of Ex.P.6 along with death note Ex.P.4. On examination, she found that a person who wrote the writings in note book Ex.P.6 also written death note Ex.P.4
14. PW.11 is Investigating Officer who has registered the complaint. PW.9 is also one of the Investigating Officer who has received the accused and recorded the statement and collected the title instrument. PW.10 Munireddy who has registered the missing complaint based on Ex.P.1. The PW.11 is I.O. who has conducted the investigation from 14 S.C.No. 1036/2015 conducting S.O. mahazar until submission of final report. He has also supported the prosecution case. Therefore, prosecution has successfully proved the guilt of the accused beyond reasonable doubt. Hence prays for convict the accused No.1 in accordance with law.
15. As against this, the learned counsel for accused submitted that the deceased was doing Real Estate business, due to loss, he has committed suicide by mentioning the false name of the accused No.1. It is specific case of the prosecution is that the accused No.1 has given 10 Title instrument. The customers and friends of the deceased purchased the said title instrument, thereafter he came to know that it is forged and concocted one. This aspect is not at all proved by the prosecution case. Ex.P.4 contained number of corrections. Therefore, prosecution instigated or abetment on the part of the accused No.1. He has stated 15 S.C.No. 1036/2015 that whenever he demanded at that time they have threatened him, it is not account of abetment. Therefore, prosecution has failed to prove the guilt of the accused beyond all reasonable doubt. Hence prays to acquit the accused.
EVIDENCE OF PW.1
16. PW.1 who is son of deceased Bylappa, he stated that he knows the accused No.1 and 2 and they have given forged title instrument to his father. As per the instruction of accused persons, his father was sold the said instruments to his friends Ganesh, Battru and Subramanya. Thereafter they averred that they came to know that the said title instruments are forged and concocted one. Then they have started demanding to return all money. Their father was unable to return due to handed over the amount to accused No.1 and 2. On 02.08.2014 his father went out from the 16 S.C.No. 1036/2015 house at about 6.30 p.m., he did not return. In this regard he lodged missing complaint Ex.P.1 on 03.08.2014. On the same day at about 6.45 p.m. the cattle herders informed that his father died near forest of Uchagangamma Temple, Mallasandra. Immediately himself and his mother went to the spot and found M.O.1 Poison bottle lying beside of the deceased body. Immediately he has lodged complaint. Further he informed that his father was distributed the forged title instruments to people, in this regard accused have given harassment to him. Immediately he has lodged complaint Ex.P.2 at about 11.30 p.m.
17. Further he stated that the police came to spot and drawn S.O. mahazar and seized Poison bottle M.O.1, Jerkin M.O.2 worn by his father and I.O. found death note Ex.P.4. He also identified M.O.1 and 2 during trial. Further stated that after that body was shifted to Sapthagiri Hospital. After 17 S.C.No. 1036/2015 inquest mahazar and autopsy body was handed over to him, thereafter they have performed final rituals of dead body of his father. Further he stated that he is not aware their address. During investigation he has handed over note book Ex.P.6 to I.O. which contained hand writing of his father. Same is seized by drawing mahazar Ex.P.5. At that time Venugopal and Vinod were also present in the Police Station.
18. During cross-examination he stated that he is not aware about business transaction of his father. When he was in house at about 7.00 p.m. he heard about dead body of his father lying at Huchagangamma Temple as informed by the Cattle herders. Further stated that he is not aware of the name and residential address of the Cattle herders. Further stated that before I.O. accused given assurance that they were sanctioned sites to his father. Before submitting complaint I.O. visited the spot and house of the accused are 18 S.C.No. 1036/2015 denied by way of suggestion, said suggestions are categorically denied by PW.1.
19. In cross-examination it is stated that his father was engaged in small real estate business. The learned counsel for accused specifically suggested that public were given harassment to his father, this suggestion is denied.
20. PW.2 Smt. Renukamma, who is none other than wife of deceased has deposed that accused given 10 title instruments to her husband and he sold them to his friends and customers for Rs 1,00,000/- each. Thereafter they have found that the said title instruments are forged and concocted one. Then they have started demanding return of money. Further her husband requested accused No.1 to return money, they did not return the same. For this reason, her husband committed suicide. In this regard her son PW.1 19 S.C.No. 1036/2015 lodged complaint. She has identified M.O.1 Poison bottle, death note Ex.P.4 which are seized by the I.O.
21. During cross-examination PW.2 deposed that on 02.08.2014 she went to Police Station at about 12.30 p.m. Her husband was having printing press, but at the time of death he is not having printing press. Further stated that she denied regarding her husband was doing Real Estate business, but she stated that deceased never shared his personal business with her. Further she admitted that financial transaction occurred between accused No.1 and her husband. Further, the learned counsel for accused No.1 suggested regarding accused No.1 abetted to her husband to commit suicide. This suggestion is denied. Further, the learned counsel specifically stated that due to loss in Real Estate business, he was suffering mental depression, 20 S.C.No. 1036/2015 therefore, he has committed suicide. This suggestion is also denied.
22. PW.10 Muniswamy, who is initially I.O. has deposed that on 03.08.2014 at about 2.30 p.m. PW.1 lodged complaint Ex.P.1 regarding missing of his father. Accordingly, he has registered the case in Crime No.530/2014. During cross-examination this official act of the PW.10 is denied by accused No.1 by way of suggestion. Said suggestion is denied categorically.
23. PW.8 ASI Lingareddy who is second I.O. has deposed that on 03.08.2014 at about 11.30 p.m. PW.1 lodged complaint Ex.P.1. Based on that he has registered the case and forwarded FIR to Jurisdictional Magistrate.
24. During cross-examination he has stated that at the time of receiving complaint PSI was not present in the Police 21 S.C.No. 1036/2015 Station. Based on investigation he has registered the case. Based on complaint Ex.P.2 he has mentioned in FIR that deceased was committed suicide.
25. PW.11 PSI by name Someshekhar, third I.O. of this case stated that on 03.08.2014 he took up further investigation and on the same day conducted S.O. mahazar between 11.00 p.m. to 1.00 a.m. on 04.08.2014 as per Ex.P.3 in the presence of PW.3. Further he stated that he has also seized M.O.1 and 2. During search of M.O.2 Jerkin he found death note Ex.P.4, same is also seized while conducting S.O. mahazar. Then he shifted the dead body of deceased Bylappa to Sapthagiri Hospital on 14.08.2014 at about 10.30 a.m. to 11.30 a.m he has conducted the inquest mahazar in the presence of witnesses. Then he requested the Doctor to conduct autopsy on the dead body.
22 S.C.No. 1036/2015
26. PW.3 Pramod deposed that on 03.08.2014 at about 11.40 p.m. he went to Huchagangamma Temple of Mallasandra along with his friend CW.5 Ganesh. They found that father of the PW.1 by name Bylappa died by consuming Poison. At 11.00 p.m. on 04.08.2014 police came to the spot, verified the Jerkin worn by the deceased and found two pages death note, same is seized by the I.O. during investigation. Himself and CW.5 have signed on mahazar Ex.P.3. He has also identified the death note Ex.P.4 and Jerkin M.O.2 and poison bottle M.O.1 during examination- in-chief.
27. During cross-examination he found that the I.O. has not issued notice to him for investigation. He has not remembered the colour of Jacket M.O.2. Police put seal on seized articles.
23 S.C.No. 1036/2015
28. PW.11 further stated that on 04.08.2014 he rushed to the mortuary of Sapthagiri Hospital and conducted inquest mahazar Ex.P.17 before the witness. According to prosecution case PW.7 Raghu is witness to inquest mahazar. He stated that on 04.08.2014 at about 10.00 a.m. he went to Sapthagiri Hospital, Police have conducted inquest mahazar in his presence and obtained his signature on inquest mahazar.
29. During cross-examination he stated that he is employee in Factory, he went to his office at 2 nd shift of 04.08.2014. Further he is not personally aware about cause of death of Bylappa. The learned counsel for accused suggested to PW.7 that he put his signature on inquest mahazar at Police Station. This suggestion is denied.
24 S.C.No. 1036/2015
30. PW.11 stated that after conducting inquest mahazar, he has requested the Doctor to conduct autopsy on dead body of deceased Bylappa by submitting Form 146 (i) and 146
(ii)/Ex.P.13 and Ex.P.14. She has conducted autopsy on the dead body of Bylappa at Sapthagiri Hospital. She found the clothes on the dead body :
1. A black and red colored full sleeved jerkin
2. A maroon colored full sleeved shirt
3. A grey colored pant
4. Green, black and white colored full sleeved sweater
5. White colored banyan
6. Blue colored underwear labeled as 'Poomex' - stained with faecat matter
7. Red colored towel
8. Red colored wrist thread After examination, the above mentioned clothes and article are dried, packed, labeled, sealed and handed over to the concerned police along with sample seal.
Further she stated that M.Os.3 to 7 are put in white cloth and sealed them, same are handed over to concerned Police 25 S.C.No. 1036/2015 Station. She further stated that after disection, she found the following contents in the body :
c. Chest and Abdomen Walls and Cavities:
Pleurae on both sides are adherent to chest wall.
d. Cardiovascular system : Heart-intact. Coronaries-patent. Aorta shows fatty streaks.
e. Respiratory System : Trachea, bronchi and bronchiles contain froth mixed with blood. Both lungs consolidated at places. On cur section exudes froth mixed with blood.
f. Digestive System : Stomach contains 350 ml of green colored fluid, smells unusual, mucosa congested and haemorrhagic. Intestines contain gas and its contents.
g. Hepatobiliary System : Liver and gall bladder- Intact and congested.
h. Reticuloendothelial System : Spleen-Intact and congested. Lymph nodes-Intact. i. Urogenital System : Kidneys-Intact and congested. Bladder empty. Generative organs- intact.
j. Endocrine Organs : Intact.
k. Head : Scalp & Skull-Intact. Brain-Intact and congested.26 S.C.No. 1036/2015
l. Neck and Pharynx : Intact.
m. Spinal Column and Cord : Intact.
n. Additional Dissection : NilAfter that she has packed the articles and handed over to the I.O.
31. PW.6 further stated that on considering the report of FSL Officer, she has opined that Bylappa died by consuming poison. In this regard, she has issued post mortem report Ex.P.8. During cross-examination she has stated that she has conducted the autopsy on the dead body in Sapthagiri Hospital. She used to conduct the autopsy on the dead body which are unnatural death. Further suggested that she has issued port mortem report with the request of the I.O. This suggestion is denied.
32. PW.11 further stated that after collecting Ex.P.6 he has sent seized articles, death note, model hand writing of 27 S.C.No. 1036/2015 deceased and articles received from the PW.6 for scientific examination.
33. PW.5 Dr Gundamma deposed that in their office received five articles pertaining to Crime No. 534/2015. She has tested them on various dates. After that, she has opined that even presence of Diclorovas insecticide in article No. 1 to 3 and 5, M.O.4 found negative result.
34. During cross-examination PW.5 stated that she is not aware about after how many days articles sent for chemical examination. Further denied the suggestion of learned counsel for accused regarding conducting of chemical test on M.O.1.
35. PW.4 Handwriting Expert by name Smt Zeenath deposed that M.O.4 Death note, M.O.6 Model hand writing received for scientific examination. By examining the letters 28 S.C.No. 1036/2015 and hand writing and their smooth, clear, rhythmic and uniform, she has opined that one person written the death note as well as model hand writing Ex.P.6. In this regard, she has issued detailed report Ex.P.7.
36. Further PW.11 deposed that after collecting report from the Doctors and FSL, he has submitted charge sheet against the accused.
37. During cross-examination he stated that when he took up the file for investigation at about 11.30 p.m. he was in station. He has not interrogated the PW.1 about title instrument. In this regard, he has also not recorded the further re-statement of P\W.1. He has not issued notice to PW.1 with directions to produce model hand writing of deceased Bylappa, but he stated that PW.1 voluntarily produced Ex.P.1 before him, he has taken on the file when 29 S.C.No. 1036/2015 conducting seizure mahazar. Further he stated that during investigation he has not found regarding Bylappa was doing Real Estate Business. The learned counsel for accused suggested that he has submitted false charge sheet against accused person. This suggestion is denied.
38. Before going to the analysis and examination of the oral and documentary evidence as placed by the prosecution, this Court has relied on the relevant provision of IPC and verdicts of Hon'ble Supreme Court of India :- CHAPTER V OF ABETMENT
107. Abetment of a thing.--
A person abets the doing of a thing, who--
First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.--A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or 30 S.C.No. 1036/2015 procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorised by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.--Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
307. Attempt to murder.--
Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by life-convicts.--When any person offending under this section is under sentence of 1 [imprisonment for life], he may, if hurt is caused, be punished with death AIR 2021 SC 1 Arnab Mnoharanjan Goswami Vs State of Maharashtra "47 The first segment of Section 107 defines abetment as the instigation of a person to do a particular thing. The second segment defines it with reference to engaging in a conspiracy with one or more other persons for the doing 31 S.C.No. 1036/2015 of a thing, and an act or illegal omission in pursuance of the conspiracy. Under the third segment, abetment is founded on intentionally aiding the doing of a thing either by an act or omission. These provisions have been construed specifically in the context of Section 306 to which a reference is necessary in order to furnish the legal foundation for assessing the contents of the FIR.----------"
AIR 2019 Sc 478 Rajesh Vs. State of Haryana.
Conviction under Section 306 IPC is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide. In order to bring a case within the purview of Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide.---------------------------"
AIR 2010 SC 1446 Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi)
15. Thus, to constitute "instigation", a person who instigates another has to provoke, incite, urge or encourage the doing of an act by the other by "goading" or "urging forward". The dictionary meaning of the word "goad" is "a thing that stimulates someone into action; provoke to action or reaction" (see Concise Oxford English Dictionary); "to keep irritating or annoying somebody until he reacts" (see Oxford Advanced Learner's Dictionary, 7th Edn.)."
32 S.C.No. 1036/2015
2012 AIR SCW 5372 Praveen Pradhan Vs. State of Uttranchal & ANR.
14. The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has abetted. The abetment may be by instigation, conspiracy or intentional aid as provided under Section 107 IPC. However, the words uttered in a fit of anger or omission without any intention cannot be termed as instigation. (Vide: State of Punjab v. Iqbal Singh, AIR 1991 SC 1532; Surender v. State of Hayana, (2006) 12 SCC 375; Kishori Lal v. State of M.P., AIR 2007 SC 2457; and Sonti Rama Krishna v. Sonti Shanti Sree, AIR 2009 SC 923.)
15. In fact, from the above discussion it is apparent that instigation has to be gathered from the circumstances of a particular case. No straight-jacket formula can be laid down to find out as to whether in a particular case there has been instigation which force the person to commit suicide. In a particular case, there may not be direct evidence in regard to instigation which may have direct nexus to suicide. Therefore, in such a case, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which in fact had created the situation that a person felt totally frustrated and committed suicide. More so, while dealing with an application for quashing of the proceedings, a court cannot form a firm opinion, rather a tentative view that would evoke the presumption referred to under Section 228 Cr.P.C.
Point No.1 :-
39. It is specific case of the prosecution is that the deceased Bylappa has committed suicide by consuming poison 33 S.C.No. 1036/2015 Diclonovas insecticide. PW.5 and PW.6 are examined the vital organs of deceased during autopsy. PW.6 has collected the stomach and its contents, sample in portion of liver and kidney, blood with preservative stem chloride, preservative used and handed over to the I.O. I.O. has sent them for chemical examination, FSL Madiwala. P.W.5 examined these articles subjected to liquid extraction. Thereafter she found that article No.1, 2, 3 and 5 contained adequate insecticide based on colour test and cause chromotography. On considering oral testimonies of PW.5 and PW.6 and their report, it is clearly held that the prosecution has successfully proved that Bylappa was committed suicide by consuming poison i.e. Diclonovas insecticide contained in M.O.1.
Accordingly, point No.1 is answered in the Affirmative. Point No.2 :-
34 S.C.No. 1036/2015
40. It is specific case of the prosecution is that the accused No.1 and 2 were handed over the forged and concocted title instrument to deceased and stated that 'you can sell it'.
Accordingly, he has sold the instrument for Rs 1,00,000/- each to his friends. Thereafter his friends found that the said title instruments are concocted and forged one. Therefore, they are demanded to return all amount. For a period of two years he has demanded return of amount, but the accused did not return and given threat. For this reason he has not tolerated the cheating of the accused persons, hence he has committed suicide. For better re-appreciation of reasons of death of deceased reported in the contents of the Ex.P.4.
ಗುರುಮೂರ್ತಿ ಮತ್ತು ಚಂದ್ರಪ್ಪ ಈ ಇಬ್ಬ ರು ಅವರದೇ ಆದ ಸ್ಚಂತ ಬಿಲ್ಡಿಂಗಲ್ಲಿ ಆಫೀಸ್ ಮಾಡಿಕೊಂಡು ಆಫೀಸಿನಲ್ಲಿ ನನ್ನ ಕರೆದು ನಮ್ಮ ಅಕ್ಕ ನವರಿಗೆ ಮಾ.ಗ್ರಾ.ಪ.ಯಲ್ಲಿ ಅಧ್ಯ ಕ್ಷರ ಸ್ತಾನ ಬಂದಿದೆ ಅದಕ್ಕೆ 10 ಹಕ್ಕು ಪತ್ರದ ಸೈಟುಗಳು ನಮಗೆ ಬಂದಿವೆ ಅವುಗಳನ್ನು ನಾವು ಯಾರಿಗಾದರೂ ಮಾರಿಕೊಳ್ಳ ಬಹುದು ಎಂದು ಹೇಳಿದರು. ಆಗ ನಾನು ನಮ್ಮ ಸ್ನೇಹಿತರಿಗೆ ತೋರಿಸಿದೆ ಅವರು ಒಪ್ಪಿ ಕೊಂಡರು. ಆಗ 10 ಸೈಟಿಗೆ 10 ಲಕ್ಷ ರೂಗಳನ್ನು ಇಬ್ಬ ರಿಗೆ ಹಣ ಕೊಟ್ಟಿದೆ. ಅವರು ಹಕ್ಕು ಪತ್ರಗಳನ್ನು ಅದನ್ನು ಪರೀಕ್ಷಿಸಿದಾಗ ಅದು ನಕಲಿ ಹಕ್ಕು ಪತ್ರವಾಗಿತ್ತು . ಅದಕ್ಕೆ ನಮ್ಮ ಹಣವನ್ನು ವಾಪಸ್ಕೊಡುವುದಕ್ಕೆ ಒಪ್ಪಿ ಕೊಂಡರು. 2 ವರ್ಷವಾದರೂ ಹಣವನ್ನು ಕೊಡಲಿಲ್ಲ . ನಾವು ಹಣ ಕೇಳಿದರೆ ಪ್ರಾಣಬಯ ಹಾಕುತ್ತಿದ್ದ ರು. ಅವರು ಮಾಡಿರುವ ಮೋಸದ ಕೆಲಸಕ್ಕೆ ನಾನು ತಾಳಲಾರದೆ 35 S.C.No. 1036/2015 ವಿಷ ಸೇವಿಸಿ ಸಾವನ್ನ ಪ್ಪಿ ದ್ದೇನೆ. ಈ ಸಾವಿಗೆ ಈ ಇಬ್ಬ ರೆ ಕಾರಣರಾದರು. ಬಡ ಕುಟುಂಬಕ್ಕೆ ನ್ಯಾಯ ಒದಗಿಸಿ ಕೊಡಿ ಸ್ವಾಮಿ ಎಂದು ತಮ್ಮ ಲ್ಲಿ ಪ್ರಾರ್ಥಿಸಿಕೊಳ್ಳು ತ್ತೇನೆ.
1. ಗಣೇಶ ಭಟ್ಟ ರು, 2. ಮಂಜು, 3.ನಾರಾಯಣ, 4. ಸುಬ್ರಮಣ್ಯ . ಇವರುಗಳು ಬಹಳವಾಗಿ ನಮ್ಮ ಹಣ ಕೊಡಬೇಕೆಂದು ತೊಂದರೆ ಕೊಡುತ್ತಿದ್ದಾರೆ. ಅದಕ್ಕೆ ನಾನು ತಾಳಲಾರದೆ ಸಾವನ್ನ ಪ್ಪಿದೆನು.
ಶ್ರೀ ಗುರುಮೂರ್ತಿ ಮತ್ತು ಶ್ರೀಯುತ ಚಂದ್ರಪ್ಪ ಈ ಇಬ್ಬ ರು ತನ್ನ ಸ್ಚಂತ ಬಿಲ್ಡಿಂಗಲ್ಲಿ ಮಹಡಿಯ ಮೇಲೆ ರಿಯಲ್ಎಸ್ಟೇಟ್ಆಫೀಸ್ಮಾಡಿದರು. ಆ ಆಫೀಸಿಗೆ ನನ್ನ ನ್ನು ಕರೆದು ನಮ್ಮ ಅಕ್ಕ ನವರು ಉ.ಅಧ್ಯ ಕ್ಷರ ಸ್ತಾನ ಗ್ರಾಮಪಂಚಾಯಿತಿಯಲ್ಲಿ ಬಂದಿದೆ ಅದ್ದ ಕ್ಕೋಸ್ಕ ರ ಮಾ.ಗ್ರಾ.ಪ. 10 ಹಕ್ಕು ಪತ್ರದ ಸೆೃಟುಗಳನ್ನು ಕೊಟ್ಟಿದ್ದಾರೆ. ಅವುಗಳನ್ನು ನಾವು ಯಾರಿಗಾದರೂ ಮಾರಿಕೊಳ್ಳ ಬಹುದು ಎಂದು ಹೇಳಿದರು. ನಾನು ಅದಕ್ಕೆ ನಂಬಿ ನಮ್ಮ ಸ್ನೇಹಿತರಿಗೆ ತೋರಿಸಿದೆ. ಅವರುಗಳು 10 ಜನ ಬಂದು ಒಂದು ಸೈಟಿಗೆ 1 ಲಕ್ಷ ರೂ ಕೊಟ್ಟು 10 ಜನರು ಕೊಟ್ಟ ರು. ಈ 10 ಲಕ್ಷವನ್ನು ಈ ಇಬ್ಬ ರಿಗೆ ಕೊಟ್ಟು ಅವರಿಗೆ ಹಕ್ಕು ಪತ್ರ ಮಾಡಿಕೊಡುತ್ತೇನೆಂದು ಒಪ್ಪಿ ಕೊಂಡರು. ಅವರು ಕೊಟ್ಟಿರುವ ಹಕ್ಕು ಪತ್ರ ನಕಲಿಯಾಗಿದೆ ಎಂದು ಹೇಳಿದಾಗ ಅವರನ್ನು ಕೇಳಿದರೆ ಅವರು ನಮ್ಮ ಹಣವನ್ನು ವಾಪಸ್ಸು ಕೊಡುತ್ತೇವೆಂದು ಹೇಳಿದರು. ಆ ಹಣವನ್ನು 2 ವರ್ಷವಾದರೂ ಕೊಡಲಿಲ್ಲ . ಈ ಜನರ ಬಾದೆಗಳ ತಾಳಲಾರದೆ ನೋವುಗಳನ್ನು ತಾಳಲಾರದೆ ನಾನು ಈ ಇಬ್ಬ ರು ಮಾಡಿರುವ ಮೋಸವನ್ನು ದೇವರಿದ್ದ ರೆ ಅವರಗೆ ಶಿಕ್ಷಿ ಕೊಡಲಿ ಎಂದು ನೋಡಿಕೊಳ್ಳ ಬೇಕು. ಈಗ ನಾನು ವಿಷ ಸೇವಿಸಿ ಸಾವನ್ನ ಪಡೆದಿದ್ದೇನೆ. ಈ ಸಾವಿಗೆ ಅವರೆ ಕಾರಣರಾದರು. ಅವರನ್ನು ಬಲವಂತವಾಗಿ ಕೇಳಿದರೆ ಪ್ರಾಣಬಯವನ್ನು ಹಾಕುತ್ತಿದ್ದ ರು. ಅದಕ್ಕೋಸ್ಕ ರ ನಾನು ತಾಳಲಾರದೆ ವಿಷ ಸೇವಿಸಿ ಸಾಯಬೇಕಾಗಿ ಬಂತು.
41. In second page of Ex.P.4 it contains number of corrections. According to recitals of death note, since last two years he is demanding the return of amount from the accused persons. The main cause of death is forged and concocted title instrument. During investigation I.O. has not at all collected a single title instrument from the friends of deceased. Further, I.O. has stated that he was unable to 36 S.C.No. 1036/2015 trace out the title instrument. Further I.O. has not at all conducted the recovery mahazar while receiving Ex.P.6 note book. P.W.4 stated that the writings made in Ex.P.4 writings are made by one person only. As noticed by the I.O. as well as hand writing expert in Ex.P.4 contained number of corrections. On prima-facie it discloses that two pages death note are different hand writing person. But the prosecution has utterly failed to prove that whether accused have issued a forged title instrument to the deceased. This aspect is not at all proved, it creates serious doubt in the prosecution case. Further, I.O. has not recovered Ex.P.6 by drawing mahazar. By considering all these aspects, it clearly shows that there is no active role of the accused No.1 in abetment to the deceased to commit suicide. Non-recovery of alleged forged title instruments, itself is fatal to the case of the prosecution. By considering all these aspects, I am of the opinion that the prosecution has utterly failed to prove the 37 S.C.No. 1036/2015 guilt of the accused No.1 for the alleged offence punishable under Sec. 306 of IPC. Accordingly, point No.2 is answered in the Negative.
42. Point No.2 : For the foregoing reasons, I proceed to pass the following :-
ORDER The powers conferred upon me under Sec. 255 of BNSS, 2023, accused No.1 is acquitted from the alleged offence punishable under Sec. 306 r/w 34 of IPC.
M.Os.1 to 9 are worthless ordered to be destroyed after Appeal period.
The Jail Authority is hereby directed to release the accused No.1 immediately if he is not required in any case.
38 S.C.No. 1036/2015
Office is directed to send
intimation to the Jail Authority
accordingly.
(Dictated to the Stenographer, typed by him, corrected by me and then pronounced in the open court on this the 7th day of January, 2026) (Sri. I. P. Naik) LXIII Addl. City Civil & Sessions Judge, Bengaluru.
: ANNEXURE :
List of witnesses examined by prosecution.
P.W.1 Ramesh Gowda
P.W.2 Renukamma
P.W.3 Pramod
P.W.4 Zeenath.M.
P.W.5 Dr. Gundamma
P.W.6 Dr. Sujatha
P.W.7 Raghu
P.W.8 Lingareddy
P.W.9 Raghavendra
P.W.10 Muniswamy
P.W.11 Somashekar
39 S.C.No. 1036/2015
List of witnesses examined by defence.
- Nil -
[ List of documents marked by prosecution:
Ex.P.1 Report
Ex.P.1(a) Signature of P.W.1
Ex.P.2 Complaint
Ex.P.2(a) Statement of P.W.1
Ex.P.3 Spot Mahazar
Ex.P.3 (a) Signature of P.W.1
Ex.P.4 Death note
Ex.P.4(a) Signature of deceased
Ex.P.5 Seizure mahazar
Ex.P.5(a) Signature of P.W.1
Ex.P.6 Note book
Ex.P.6(a) to 6(g) 7 pages in Ex.P.6
Ex.P.7 Hand writing opinion
report
Ex.P.8 Opinion reason letters
Ex.P.9 & 10 Copies of detailed
documents
40 S.C.No. 1036/2015
Ex.P.11 Sample seal
Ex.P.11 (a) Signature of P.W.4
Ex.P.12 FSL Report
Ex.P.13 & 14 Form 146(i), 146 (ii)
Ex.P.13 (a) & 14(a) Signature of P.W.11 Ex.P.15 Post mortem report Ex.P.15(a) Signature of P.W.6 Ex.P.16 Final opinion Ex.P.16 (a) Signature of P.W.6 Ex.P.16 (b) Signature of P.W.11 Ex.P.17 Post mortem Ex.P.17 (a) Signature of P.W.7 Ex.P.17 (b) Signature of P.W.11 Ex.P.18 FIR Ex.P.18 (a) Signature of P.W.8 Ex.P.19 Missing FIR Ex.P.19 (a) Signature of P.W.10 Ex.P.20 Receipt of dead body Ex.P.20 (a) Signature of P.W.1 Ex.P.21 Report of C.W.14 Ex.P.21 (a) Signature of P.W.1 Ex.P.22 Report of Suchendra 41 S.C.No. 1036/2015 Ex.P.22 (a) Signature of P.W.1 Ex.P.23 and P.24 Spot photos Ex.P.25 CDR Ex.P.25 (a) Signature of P.W.11 List of documents by defence:
- Nil -
List of material objects marked by prosecution.
M.O.1 Poison bottle
M.O.2 Blue colour jerkin
M.O.3 Maroon colour shirt
M.O.4 Grey colour pant
M.O.5 Colour Sweater
M.O.6 White banian
M.O.7 Blue colour Poomex underwear
M.O.8 Red colour towel
M.O.9 Red colour wrist thread
IP Digitally signed
(Sri. I. P.
byNaik)
I P NAIK
XIII Addl. City Date:
Civil & Sessio
NAIK Judge, Bengaluru.
2026.01.07
16:34:56 +0530
42 S.C.No. 1036/2015
JUDGMENT IS PRONOUNCED IN
OPEN COURT VIDE SEPARATE ORDER
ORDER
The powers conferred upon me
under Sec. 255 of BNSS, 2023, accused
No.1 is acquitted from the alleged
offence punishable under Sec. 306 r/w 34 of IPC.
M.Os.1 to 9 are worthless ordered to be destroyed after Appeal period.
The Jail Authority is hereby directed to release the accused No.1 immediately if he is not required in any case.
Office is directed to send
intimation to the Jail Authority
accordingly.
(Sri. I. P. Naik)
LXIII Addl. City Civil & Sessions
Judge, Bengaluru.