Death Note Says Accused Abused Her & Knew That She'll Commit Suicide: Karnataka HC Refuses To Quash Proceedings
|The Karnataka High Court has refused to quash criminal proceedings against an accused after a girl committed suicide by hanging and stated in the death note that he abused her.
The Bench of Justice K Natarajan held, “On reading of the entire death note, which clearly reveals that the petitioner abused her with criminal intention and even he has dare enough to say that even if she commit suicide, he will face the Court case and she cannot do anything against him, which clearly reveals that there was conversation between the deceased and the accused, even prior to the suicide. Otherwise there is no question of the accused telephoning to the mother of the deceased and informing that she (deceased) is not lifting the phone and ask the CW-2 to give the telephone to the deceased which clearly reveals that prior to committing suicide there was a conversation between the deceased and the accused. The accused was having knowledge about the deceased going to commit suicide.”
Advocate Lethif B appeared for the Petitioners while HCGP Anitha Girish and Advocate Mahesh CM appeared for the Respondents.
A criminal petition was filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash criminal proceedings arising out of an offence under Section 306 of the Indian Penal Code,1860 (‘IPC’).
According to the prosecution, a complaint was filed by the father of the deceased alleging that his adopted daughter aged about 21 years committed suicide by hanging. She left a death note stating that the petitioner/accused was responsible for her suicide. It was alleged that she had a love affair with the accused/petitioner, for five years.
Petitioner/Accused contended that there were no ingredients attracting Section 107 of the IPC for abatement and committing suicide by the deceased and merely a death note was left that itself was not a ground to show that he had abated the deceased to commit suicide and she was under depression.
The Respondent-Complainant submitted that there was continuous harassment made by the Accused on the deceased. He had refused to marry her, there was a telephone conversation and messages between the Accused and the deceased.
The Court noted that the death note itself revealed that she had stated that he suspected her character, had categorically stated in the death note that he had suspected her character and also told that she could not do anything to him and even if she died, he could face the Court case and he would not worry as she was not having good character.
The Court held, “Therefore, the facts and circumstances differs from the case, which the judgment relied by the counsel for the petitioner, once a statement were given in respect of the love affairs, death note and CDR prior to the suicide were all a presumption available to the prosecution and the accused is required to face the trial and rebute the evidence of the prosecution witnesses in the Court of law. Therefore, the accused is required to take the trial.”
Accordingly, the Court dismissed the petition.
Cause Title: Kumara C v. The State of Karnataka and Anr.
Appearances:
Petitioner: Advocate Lethif B
Respondents: HCGP Anitha Girish and Advocate Mahesh CM