Abetment to commit suicide. Vague death note can not be a prima facie evidence. Accused entitled for bail. Karnataka High Court.

B.K. Padmanabha Reddy vs State of Karnataka. Criminal Petition 5775/2020 decided on 12 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348823/1/CRLP5775-20-12-11-2020.pdf

Relevant portion: Para. 1. The present petition is filed by accused .. under Section 439 of Cr.P.C. praying to release him on bail …for the offences punishable under Section 306 of IPC.

5. SPP submits…that the deceased has left a death note by mentioning the name  of the petitioner-accused No.1 and the said death note itself is self-explanatory to show that it is the petitioner- accused No.1 who is responsible for the death of the deceased.

7. But when the financial transactions have taken place in the year 2002 and on 28.7.2020 there was some conversation between the petitioner-accused No.1 and  the deceased, the same was not disclosed as to when exactly and at what time the petitioner-accused No.1 told the deceased to die or whatever she wants to do  she could do. In the absence of any specific period, it cannot be inferred that the deceased was not abetted by the petitioner-accused No.1 and because of such abetment said to have been made by the petitioner-accused No.1, the deceased has committed suicide by hanging herself. There is no clarity in mentioning the timings as to when exactly she called the petitioner-accused No.1 and who in turn told her to die. Be that as it may, even it is the specific case of the prosecution  that the deceased has  left a death note. Even though she has not informed the complainant about the factual matrix of the case, while writing the death note, at least she could  have  mentioned as to when exactly and at what time the petitioner-accused No.1 told her to die or whatever she wants to do she could do. In the absence of  any  particular material in the death note, it cannot  be  inferred that it is the petitioner-accused No.1  who  abetted the deceased and because of the same, the deceased has committed suicide. The death note and other aspects which have been intended to be  relied  upon by the prosecution are the matters which have to   be considered and appreciated during the course of trial.

Petition allowed.

Compiled by S. Basavaraj, Advocate, Daksha Legal.