The High Court · 2025

'1. Ramelli Saikrishna, S/o. Mallesham, Aged about 29 years, Occ. Employee of Sriram Finance, R/o. H.No.1-13, Gundaram Village, Yellareddypet fi/landal, Raianna Siricilla District.

2. Gone Anil, S/o. Bhaskar, Aged about 30 years, Occ. Manager, Sriram Finance, R/o. H.No.2-82, Rudraram Village, Vemulavada Urban Mandal, Rajannasiricilla District. ...Petitioner/Accused No.1 AND 1 2 The State of Telangana, Rep. by Public Prosecutor, High Court of Telangana at Hyderbad, Through the Police Station, Mustabad, Rajanna Siricilla District. Ramagiri Nagesh, S/o. Rayamallu, aged about 45 yeals, Occ. Pvt Employee, R/o. Avunooivillage, Mustabad Mandal, Rajanna Siricilla District. ...RespondenUDe facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.47 of 2025 Dl. 21-02-2025 on the file of the Police Station Mustabad, Rajanna Siricilla' District, registered under Section 108 BNSS against the petitioners/accused Nos.1 l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No.47 ot 2025 Dt.21-O2-2025 on the file of the Police Station Mustabad, Rajannasiricilla, registered under Section '108 BNS against the petitioners including the arrest of the petitioners/accused No.1 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri r suRyA sATlsH ,Advocate for the Petitioner and the public prosecutor (T-G) on behalf of the Respondent No. 1 and None appeared for the Respondent Nc.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E'V' VENUGOPAL CRIMINAL PETITIONNo .3148 OF 2025 OR D ER: This Criminal Petition ls filed seeking to quash the proceedings against the petitioners/ aciused in F'I'R'No'47 of 2025 dated' 2l'O2'2O25 on the {ile of the Station House Officer' Mustabad Police Station' Rajanna Siricilla District registered for the offence under Section lOB of BNS' 2. Heard Mr'T Surya Satish, learned counsel for the learned Assistant Public Prosecutor petitioners and Mr'E'Ganesh' appearing for respondent No ' 1-State ' 3. The brief facts of the case are that on 2l'O2'2O25 respondent No'2 lde facto complainant filed a complaint before the concerned police stating the he arong with his wife, Sunita were running a Hotel business; that two and haif years ago thev have purchased a new house in their village and to finance the same had borrowed loans from M/s' Sriram Finance' Siricilla Branch; that they have a'lso borrowed an additional amount of Rs.3,30,000 f - from other villagers namely accused Nos'2 to 6; that initially respondent No'2 repayed the loals in insta'llments but due' (g financial difficulties' he was unable to make monthJy 2 .-r \_- 1 payments, due to which, his wife Sunita was harassed by his lenders; that unable to bear such harassment, or:l 27.O2.2025, his wife wrote a suicide note and ended her lift by hanging herself to death, Basing on the said facts, the present crime is registered

4. Learned counsel for the petitioner/ s s ubmits that respondent No,2 obtained loan from M/s.Sriram Finance and failed to repay the loan; that the employees of the Oompany had asked for repayment of the loan and hence, the sarne calnot be treated as abetment to suicide. He states that respondent No.2, by taking undue advantage of the suicide committed by his wife, filed false complaint against petitioners, who are the employees of the Companv . Therefore, relying on the decision passed by the High Court of Gujarat in Jorubhai Amrubhai Varu Vs. State of Gujaratr, he seeks to quash the impugned proceedings

5. Learned Assistant Public Prosecutor submits that the matter requires to be tried and seeks to dismiss t-his Criminal Petition.

6. For the sake of convenience, Section 108 of BNS is extracted as under:- ' 2O2O SCC OnLine rluj 1189 J Abetment of Suicide: If any person commits suicide, whoever abets the commission of such suicide, shall be punished wrth imprisonment of either description for a term which may extend to ten years, ald shall also be 1iable to fine. 7 . For better understanding the relevant portion of the decision cited (supra 1) is extracted as hereunder:-

10. In the Judgment of the Hon'ble Apex Court reported in R/CR.MA/953812O2O ORDER AIR 2011 SC 1238 in case of M. Mohar-r v. State Rei the Deputy Superinte4dent gf Police, the Hon'ble Apex Court having referred to the earlier judgrnent, has made the observations regarding the ingredients of Section 3O6 IPC, referring to the word 'suicide', which cal be read as follow. resented ly "lf the provisions for the offence under Section 306 are considered, it is evident that the basic ingredient regarding the intentional instigation are required to be proved or established. The word 'suicide' has not been defined. The word 'suicide' would rnean the intentional killing of oneself. As per Concise Oxford Dictionary, 9th Edition, p.686, "A finding of suicide must be on evidence of intention. Every act of self destruction is, in common language described by the word 'suicide' provided it is an intentional act of a party knowing the probable consequence of what he is about. Suicide is never to be presumed. Intention is the essential legal ingredient." Iemphasis supplied] Therefore, while considering this aspect, the provisions of Section 306 read with Section lQ7 regarding the abetment and the suicide has to be considered. In other words, there has to be necessary evidence by which it could be said that the respondent accused had instigated the deceased in such a rnanner or by creating the circumstances, which has led the deceased to commit suicide. In the reported Case (201O) I SCC 750 -Gangula Mohan Reddy v. State of Andhra Pradesh, The Hon'ble Apex Court has observed that "This Court in Chitresh Kumar Chopra V. State (Govt. of NCT. of Delhi) had aI occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the words 'instigation' and 'goading'. The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person'sR/CR.MA/953812O2O ORDER suicidability pattern is different from the other. Each person has his own idea of selfesteem and self respect. Therefore, it is , I I ) impossibie to lay down nay straitjacket formula in clealing with such cases. Each case has to bc decided on the trasiJ of its ou.n lacts and circumstances.,,

8. Admittedly. the allegation in the F.I.R. is that respondent No.2 borrowed money from the Finance Compary and failed to repay the arnount along with interest. Therefore, the lenders were constantly dema,ding the money and alleged to har.e threatened thb respondent No.2 and his wife. Such act of demanding the repayment of money would not bring case within the meaning of Section 108 of BNS. There would not be any mer:.s rea of the lenders as the lenders would not benefitted fro* the act of suicide of the deceased and thus, prima facie the allegation in the F.I.R., taken at its face value does not constitut€ ary offence or make out a case against the petitioner/s. Hence, tc, secure the ends of justice, the impugned proceedings in F.l.R.No.47 of 2025 dated 2I.O2.2O25 on the file of the Station House Officer, Mustabad Police Station, Rajanna Siricilla District in so far as the petitioner/s are concerned stands quashed.

9. Accordirigly, this Criminat petition is allowed. Miscellanecus Petitions, pending if any, shall stand closed. -1AS //TRUE COPY// Sd- S. MALLIKARJUNA RAO REGISTRAR \TANT { sEcnoN oFFlcER I The s_tation-House officer, lgslabad porice station, Rajanna SirciilaDist. One CC to SRI T SURYA SAT|SH, Advocate [OPUC] -felangana Two CCs to the Public Prosecutor, High Courlfor the State of Hyderabad [OUT] Two CD Copies To, 1 2 3 '1,d" - ^--. - -St lol- HIGH COURT DATED: 231061202s ORDER CRLP.No.3148 ot 2025 a, rl .E SIA C( o O 1rj JUL 2t6 * i;i).qTC 2: (?) \ * ALLOWING THE GRIMINAL PETITION \tt 4