Karnataka High Court Refuses To Quash Proceedings Against Man Whose Live-In Partner Allegedly Committed Suicide
The Karnataka High Court has refused to quash proceedings against a 28-year-old man in an abetment of suicide case, whose live-in partner allegedly committed suicide.
The Court was hearing a Criminal Petition filed by the accused, questioning the proceedings pending before the Additional Civil Judge, arising out of a crime registered under Section 306 of the Indian Penal Code, 1860 (IPC) and Sections 66E and 67A of the Information Technology Act, 2008 (IT Act).
A Single Bench of Justice M. Nagaprasanna remarked, “The digital trial – the contents of the phones, the FSL report and the testimonies recorded, do not allow this Court to step into the shoes of the trial Court. The plea that this is a case of mere scorned affection or a casual taunt cannot be countenanced when placed against the backdrop of deliberate humiliation and alleged extortion. The nuances and textures of this tragic narrative must be unfolded in a full blown trial. It cannot be forgotten that a young life has been extinguished in a manner that raises grave concern.”
The Bench added that it is for the Trial Court to examine the depth of betrayal, the extent of coercion, and the veracity of the claims.
Senior Advocate Ravi B. Naik appeared on behalf of the Petitioner while Additional State Public Prosecutor (Addl. SPP) B.N. Jagadeesha and Advocate B. Rudresh appeared on behalf of the Respondents.
Brief Facts
The Petitioner-accused and the Complainant’s daughter (deceased) were said to be classmates in an engineering college and his daughter then began to work as a Business Analyst in a company. She was living alone for close to one year. It was alleged that the accused and the deceased had a relationship for over three years and the same resulted in certain assurances of marriage. There were financial transactions too between them allegedly amounting to Rs. 51 lakhs and on a particular day in 2023, the deceased allegedly committed suicide and abetment of suicide was laid on the accused on the score of the said relationship.
Filing of the chargesheet led to the accused approaching the High Court. It was further alleged by the Complainant that the accused and deceased had constant fights and the accused constantly avoided fulfilling his promise of marriage despite having physical relationship with her. The deceased allegedly jumped from the sixth floor of the apartment and committed suicide and the last person who was with her was the accused. It was also alleged that the nude pictures of the deceased were held on the phone and laptop of the accused.
Reasoning
The High Court in view of the above facts, observed, “The word abetment is defined in Section 107 of the IPC. If the ingredients of what can become abetment as found in Section 107 is pitted to the facts obtaining in the case at hand, it becomes unmistakably clear that the petitioner, prima facie, has abetted commission of suicide of the daughter of the complainant. It is the submission of the learned Additional State Public Prosecutor that the petitioner has blackmailed or threatened the deceased to part with close to ₹50/- lakhs through credit card or otherwise for his business or business of both, is a matter of trial as laptop and mobile phone of the petitioner is full of pictures and videos between the deceased and the petitioner, all taken during the live-in relationship of the petitioner with the deceased.”
The Court said that a precious life is lost due to the alleged acts of the accused in blackmailing and breach of assurance and if holding of nude pictures of the deceased and blackmailing is proved, it can undoubtedly become abetment to suicide.
“In the light of the aforesaid glaring facts and the preceding analysis, this Court declines to invoke the jurisdiction under Section 482 of the Cr.P.C. to quash the proceedings”, it concluded.
Accordingly, the High Court rejected the Petition and refused to quash proceedings against the accused.
Cause Title- Varun G.A. v. The State of Karnataka & Anr. (Case Number: CRIMINAL PETITION No.7620 OF 2024)
Appearance:
Petitioner: Senior Advocate Ravi B. Naik and Advocate Vachan G.A.
Respondents: Addl. SPP B.N. Jagadeesha, Advocates B. Rudresh, and Vasantha Kumara.
