Case Note & Summary
The criminal petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/accused seeking quashing of proceedings in C.C.No.15565/2025 pending before the II Additional Civil Judge and JMFC at Nelamangala, arising from Crime No.138/2025, for offences punishable under Sections 75, 78 and 108 of the Bharatiya Nyaya Sanhita, 2023. The second respondent was the complainant and mother of the deceased Bhavana. The first respondent was the State of Karnataka represented by Nelamangala Town Police Station. The deceased Bhavana, aged 22 years, was pursuing nursing at Mysuru when she came in contact with the petitioner over telephone. The petitioner allegedly professed love towards her, insisted that she reciprocate and marry him, took her to Dharmasthala and other places, and secured photographs of them together. Despite her clear disinclination, the petitioner allegedly followed her to her workplace, compelled her to accompany him on his motorcycle, insisted upon marriage, and threatened that if she did not yield, the photographs would be circulated and her marriage prospects destroyed. On 05-07-2025, Bhavana consumed tablets in an attempt to end her life; she was rushed to hospital, treated, and survived. The family intervened, a complaint was lodged, elders advised the petitioner to keep away, and on such assurance the complaint was withdrawn. The petitioner allegedly resumed the same conduct; whenever matrimonial negotiations commenced, he would proclaim that he and Bhavana were in a relationship. One proposal with a person named Ranjith collapsed after the petitioner telephoned him and made such assertions. On 29-07-2025, Bhavana was found hanging from the ceiling fan and died. Crime No.138 of 2025 was registered, investigation followed, and a charge sheet was filed in C.C.No.15565 of 2025. Cognizance was taken and summons issued. The petitioner then approached the High Court seeking quashing. The petitioner contended that the necessary ingredients of abetment of suicide were absent and that there was no goading, instigation, or proximity between the alleged acts and the suicide. The respondent/complainant and the State argued that all ingredients of Section 108 BNS were present because the petitioner, a married man with two children, took the deceased to several places, took photographs, threatened to marry her, obstructed her marriage proposals twice, and thereby drove her to suicide. The court observed that the facts should not be viewed as disconnected islands and that at the quashing stage, the cumulative picture projected by the complaint and charge sheet required consideration. The available judgment text ends while quoting the complaint in Kannada, and no final operative order is provided. Therefore, the final decision and reasoning could not be determined from the supplied excerpt.
Headnote
A) Criminal Law - Abetment of Suicide - Section 108 of Bharatiya Nyaya Sanhita, 2023 - The prosecution alleged that the married petitioner coerced a 22-year-old woman into a relationship, threatened to circulate photographs, obstructed her marriage proposals twice, and thereby instigated her suicide; the petitioner contended absence of instigation and proximity. The court observed that abetment requires goading, instigation, or proximity to the suicide and that at the quashing stage the cumulative picture of complaint and charge sheet must be examined; facts should not be viewed as disconnected islands (Paras 6-10). B) Criminal Procedure - Quashing of Proceedings - Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioner sought quashing of C.C.No.15565/2025 for offences under Sections 75, 78 and 108 of BNS. The court considered allegations of stalking, threats, and obstruction of marriage leading to suicide and noted that the matter required examination of cumulative circumstances rather than isolated events; no final order was provided in the available judgment text (Paras 1-10).
Issue of Consideration
Whether the criminal proceedings for offences under Sections 75, 78 and 108 of the Bharatiya Nyaya Sanhita, 2023 are liable to be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on the ground that necessary ingredients of abetment of suicide are absent
Law Points
- Abetment of suicide requires goading
- instigation
- or proximity to the date of suicide
- At the quashing stage
- cumulative picture of complaint and charge sheet must be considered
- Facts should not be viewed as disconnected islands
- Inherent powers under Section 528 BNSS
