Title: Hanamantraya AND State of Karnataka & ANR
Citation: CRIMINAL PETITION NO. 200255 OF 2023
Decided on: 09.10. 2023
Coram: Justice Venkatesh Naik K
Introduction
The petition filed by Hanamantraya, who was mentioned in the suicide note of the deceased Basavaraj, was dismissed by a single judge bench presided over by Justice Venkatesh Naik. Basavaraj had tragically taken his own life by hanging. The Karnataka High Court has opined that the identification of an individual in a suicide note does not automatically establish their culpability as an offender under Section 306 of the Indian Penal Code. In order to arrive at a definitive conclusion, it is imperative to thoroughly investigate the contents of the suicide note and consider other relevant circumstances.
Facts of the case
The petitioner has submitted this appeal in accordance with Section 482 of the Code of Criminal Procedure, seeking to nullify the First Information Report (FIR) and complaint made in relation to the offence punishable under Sections 306 read with Section 149 of the Indian Penal Code (IPC). The wife of the dead individual expressed dissatisfaction with her husband’s employment at Sasbal Government H.P.S. School. Specifically, she mentioned that he had been working as a teacher and was subsequently promoted to the position of Principal. This promotion occurred due to the elevation of the accused individual, G.N. Patil (referred to as accused No.1), who transitioned to the role of Cluster Resource Center Coordinator (C.R.C.). The wife said that her husband experienced significant stress due to his assumption of responsibility, as he was charged as the primary party during his stint as Principal for failing to uphold appropriate documentation practices. Consequently, the BEO/petitioner had been issuing notices to him, urging him to amend the documents or ensure proper maintenance of the documents. Additionally, the other accused individuals were subjecting the dead, Basavaraj, to harassment, which ultimately led to his state of extreme distress and subsequent decision to take his own life. Subsequent to the lodging of the complaint, the police officers initiated legal proceedings under Section 306 read with Section 149 of the Indian Penal Code against the individuals implicated in the case, which includes the petitioner. Upon the filing of the First Information Report (FIR), the petitioner approached this court to quash the said FIR.
Court’s observation and analysis
Upon reviewing the case, the bench determined that the complainant had filed a case under Section 306 of the Indian Penal Code (IPC), which pertains to a cognizable offence. It was established that the deceased individual, Basavaraj, had passed away due to the harassment and instigation inflicted upon him by the accused individuals. As evidence of this, a death note was found to have been written by Basavaraj. Currently, an investigation is underway, and it is the responsibility of the Investigating Officer to determine the accuracy of the information included within the disputed death note. Hence, it is not permissible to dismiss criminal cases solely based on the argument that the petitioner, acting as the Block Education Officer (BEO), issued show cause notices. Rather, it is necessary to thoroughly investigate the circumstances surrounding the deceased’s suicide and the authenticity of the death note. Upon examination of the complaint, it is said that there seems to be a connection and close association between the actions of the petitioner and the suicide committed by the deceased individual, Basavraja.
In Kanchan Sharma vs. State of Uttar Pradesh and Another reported in (2021) 13 SCC 806, the Hon’ble Apex Court held that, without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. Hence, If complaint discloses prima facie case as to cognizable offence, the Investigating Officer has to probe the matter as per the established principles of law. This ratio is laid down by the Coordinate Bench of this Court in the case of M/s.Sabare Travel Technologies Private Limited vs. State of Karnataka and Others in Criminal Petition No.154/2021.
In the present case, it is worth mentioning that the petitioner’s counsel raised objections regarding the cause of death of Basavaraj and the petitioner’s alleged involvement, thus contesting a factual matter. In response, the bench concluded that the disputed factual issue falls outside the purview of this Court’s jurisdiction under Section 482 of the Criminal Procedure Code. At this juncture, the sole matter to be considered is the prima facie case.
Dismissing the petitioner’s argument that the assignment of work by the petitioner to the deceased, as a superior officer, does not necessarily imply any criminal intent, the bench noted that the present case involves a suicide note left by the deceased and further evidence in the form of statements made by his wife to the police.
The court has stated that in order to establish the applicability of Section 306 of the Indian Penal Code, it is necessary to demonstrate a distinct mens rea, or intention, to commit the offence. Additionally, it necessitates an intentional or direct action that prompted the deceased individual to engage in suicidal behavior due to a perceived lack of alternatives. This action must have been specifically designed to compel the deceased individual to take their own life. It is worth acknowledging that Section 306 of the Indian Penal Code (IPC) constitutes a cognizable offense. Consequently, the police possess both a legal entitlement and an obligation, as stipulated by the Code of Criminal Procedure, to conduct investigations into cognizable offenses. In this particular case, the allegations outlined in the First Information Report (FIR) indicate the occurrence of cognizable offenses.
The Court further observed that the identification of an individual in a suicide note does not automatically establish their culpability as an offender under Section 306 of the Indian Penal Code (IPC). In order to determine if a case falls under the purview of abetment as defined by Section 306 of the Indian Penal Code (IPC) in conjunction with Section 107 of the IPC, it is necessary to thoroughly analyze the contents of the suicide note and consider any accompanying circumstances. However, in order to establish the veracity of this factual element, it is necessary to conduct a comprehensive investigation and thereafter convene a trial.
Hence, this petition was dismissed by the court.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Amrita Rout
