Criminal Petition No. 368 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 368 OF 2025 (438(Cr.PC) / BETWEEN: 482(BNSS)) MR. MOHAMMED RAZIQULLA S/O MOHAMMED SAMIULLA AGE: 38 YEARS, R/AT NO.09, 2ND A CROSS, 1ST BLOCK, HOSAPALYA, UJALA FACTORY, ROYAL BAKERY, H.D.F.C. A.T.M., HOSAPALYA, KUDLU, BOMMANAHALLI, BENGALURU-560068. (BY SRI. RAVI B NAIK, SENIOR COUNSEL FOR SMT. VIJETHA R NAIK, ADVOCATE) …PETITIONER AND:
Facts
Digitally signed by LAKSHMI T Location: High Court of Karnataka STATE OF KARNATAKA BY HOSAKOTE POLICE STATION, BENGALURU DISTRICT-562 114. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
Legal Reasoning
prima facie case against the petitioner. He contended that the deceased committed suicide on account of the torture and abetment by the petitioner and accused No.2. 6. Relying on the judgments of the Hon’ble Supreme Court in Jayedeepsinh Pravinsinh Chavda and Others v. State of Gujarat reported in 2024 SCC online SC 3679 and in Madan Mohan Singh v. State of Gujarat and another reported in (2010) 8 SCC 628, learned Senior counsel has contended that the ingredients - 5 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 of the offence alleged against the petitioner are not made out and there is no proximity between the alleged harassment and death of the deceased. Further, contended that the allegations against the petitioner are vague and baseless and there is absolutely no averment in the complaint that petitioner has abetted the deceased to commit suicide. 7. Learned Senior counsel has also placed medical documents pertaining to the petitioner at Annexure-D, wherein it is seen that the petitioner has undergone a surgery to right S1 Radiculopathy due to L5-S1 disc extrusion. It is submitted that the petitioner is suffering from spinal cord disc related ailments and therefore, any sort of detention would aggravate the said ailments and sufferings. 8. In the aforementioned decisions, the Hon’ble Supreme Court has held that, intention of the accused to aid or to instigate or to abet the deceased to commit - 6 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 suicide is a must to establish an offence under Section 306 of IPC and the presence of clear mens rea is essential. Mere harassment, by itself, is not sufficient to find an accused guilty in committing the offence. On the other hand, prosecution must demonstrate an active or direct action by the accused that led the deceased to take his own life. 9. Prosecution has to establish that the petitioner has intentionally aided or abetted the deceased to commit suicide. Ingredients of the offence alleged have to be proved during trial. Petitioner has undertaken to co-operate with the investigation of the case and to furnish sufficient surety to ensure his presence before the trial Court. Hence, the following:
Arguments
(BY SRI. HARISH GANAPATI, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION, GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN HOSKOTE P.S. CRIME NO.382/2024 REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 108 R/W SECTION - 2 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 3(5) OF BHARATIYA NYAYA SANHITA (BNS) 2023, AGAINST THE PETITIONER HEREIN PENDING BEFORE ADDL. CIVIL JUDGE AND JMFC., HOSAKOTE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.1 in Cr.No.382/2024 of Hosakote Police Station registered for offences punishable under Section 108, 3(5) of the BNS, 2023 has preferred this petition seeking anticipatory bail under Section 482 of BNSS, 2023. 2. Heard the learned Senior counsel for petitioner and the learned High Court Government Pleader for respondent/State and perused the material on record. 3. Facts in brief are as under: Complainant is a resident of Aadugodi, Bengaluru. She has two sons i.e., Srinivasa G and Chandrashekar G. Her husband is no more. She has brought up her children - 3 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 by working as a house maid. Her eldest son after finishing his SSLC, obtained diploma in ITI and subsequently worked in KMF Dairy for 2 years. Thereafter, he was transferred to Milk Dairy at Hosakote Taluk and he worked there for 7-8 years. About 3 months back, he started residing in a rented house of P.Rajanna in V.V.Layout, Hosakote. He was shouldering responsibilities of the family and used to visit his house once a week at audogodi. During his visits, he was visibly upset and when the complainant enquired him, he informed her that the Manager of the Dairy i.e., petitioner herein and one Shashi Kiran are harassing him by giving uplifting talks to his co-workers and by taunting him and therefore, the said behaviour of the accused persons has hurt his sentiments. On 7.12.2024 at 9.42 a.m., the deceased typed in WhatsApp status that Mr.Raziq i.e., petitioner herein is harassing and insulting him and therefore, he has decided to take his life. - 4 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 4. Complainant’s son Srinivas G. committed suicide on 7.12.2024. It is alleged that whenever he used to visit the house of complainant, he was seen upset and on enquiry he told the complainant that he was being harassed by the Manager of the Milk Dairy, petitioner herein and one Shashi with pricking words etc. 5. Learned High Court Government Pleader has contended that, investigation is under progress and in view of the WhatsApp status of the deceased, there is a
Decision
ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in Cr.No.382/2024 registered by Hosakote Police Station, shall be released in the event of his arrest, subject to following conditions: - 7 - NC: 2025:KHC:2471 CRL.P No. 368 of 2025 a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 54 Ct:ra