Person Cannot Be Held Guilty Merely Because He Is Named In A Suicide Note- Karnataka High Court
A Karnataka High Court Bench of Justice Venkatesh Naik has held that merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that, he is an offender under Section 306 of IPC.
In that context, it was said that, "Generally, the person who commit suicide used to/liked to leave a suicide note naming certain persons as responsible for his committing suicide. Merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that, he is an offender under Section 306 of IPC. The contents of the suicide note and other attending circumstances have to be examined to find out whether it is abetment within the meaning of Section 306 of IPC read with Section 107 of IPC. But, in order to ascertain this factual aspect, a full fledged investigation is required as well as trial to be held."
Counsel Avinash A Uploankar appeared for the petitioner, while HCGP Anita M Reddy and Counsel Ganesh S Kalaburagi appeared for the respondents.
In this case, the Court was hearing the petition filed by the accused, who had been named in the suicide note of the deceased who died by hanging. The accused prayed for the quashing of the FIR and complaint against him.
The Court noted that criminal complaints could only be quashed on the basis of the circumstances under which the deceased died by suicide and on basis on the veracity of the death note. In that context, on basis of the complaint, it was noted that there was a nexus and proximity with the conduct of the petitioner with that of the suicide.
On perusal of a catena of decisions and the facts and circumstances of the case, the Court observed that only a prima facie case could be seen. Since Section 306 of the IPC is a cognizable offence, the Court noted that, "the police has statutory right as well as a duty under the Code of Criminal Procedure to investigate cognizable offences and the allegations in the FIR discloses the commission of cognizable offences."
In light of the same, the Court dismissed the appeal.
Cause Title: Hanamantraya vs The State of Karnataka & Anr.
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