RACHAPPA S/O. NAGAPPA JAGAPUR, vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.101242 OF 2026
[482(Cr.P.C)/528(BNSS)]
BETWEEN:
RACHAPPA
S/O. NAGAPPA JAGAPUR,
AGED ABOUT 63 YEARS,
OCCUPATION: BROKER,
RESIDING OF: D. NO.3209/3,
NEAR 8 NO. SCHOOL,
SHIVAPPAYYANA MA,
OKKALAGERI ONI, GADAG TOWN,
GADAG - 582 119.
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
…PETITIONER
(BY SRI SUBHASH J. BADDI, ADVOCATE)’
AND:
1. THE STATE OF KARNATAKA
HARAPANALLI POLICE STATION,
HARAPANAHALLI,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
HIGH COURT BUILDING,
DHARWAD - 580 001.
2. SMT. GEETHA
W/O JAYASHEELANAGOWDA,
AGED ABOUT 48 YEARS,
RESIDING OF: NEAR SHANKAR OIL MILL,
ITTIGI ROAD, KOTTURU,
KUDLIGI TALUK,
BALLARI - 583 135.
…RESPONDENTS
(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO IS R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
BNSS, 2023, PRAYING TO QUASH THE CHARGE-SHEET AGAINST
ACCUSED NO.9/PETITIONER ARISING OUT OF HARAPANALLI POLICE
STATION CRIME NO.246 OF 2014 PENDING BEFORE THE HON'BLE
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
HARAPANAHALLI, IN CRIMINAL CASE NO.76 OF 2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 506, 504 AND 306 READ
WITH SECTION 149 OF INDIAN PENAL CODE, 1860, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION IS COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
ORAL ORDER
The petitioner-accused No.9 has filed this petition under
Section 528 of BNSS, 2023, seeking to quash the entire
proceedings in Criminal Case No.76 of 2018 in connection with
Crime No.246/2014 of Harapanahalli P.S. pending on the file of
the Civil Judge and Judicial Magistrate First Class,
Harapanahalli, registered for the offences punishable under
Sections 506, 504 and 306 read with Section 149 of the Indian
Penal Code, 1860.
2. The brief facts of the prosecution case are as follows:
The deceased Jayasheelanagowda and Gurubasavanagowda
were initially running an Oil Mill business at Harapanahalli.
Subsequently, they shifted the Oil Mill from Harapanahalli to
Kotturu. They had borrowed loans from accused Nos.1 to 10
and failed to repay the same. Hence, the accused persons
allegedly insisted them to repay the amounts and abused them
in filthy language. Due to the alleged harassment,
Jayasheelanagowda and Gurubasavanagowda became mentally
distressed and decided to end their lives. Accordingly, on
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
27.12.2014, both of them allegedly consumed insecticide and
de facto
died. In this regard, the complainant lodged a
complaint, pursuant to which a case was registered. The
Investigating Officer conducted the investigation and filed the
charge-sheet.
3. Taking exception to filing of the charge-sheet, the
petitioner has filed this petition.
4. Heard Sri Subhash J. Baddi, learned counsel for the
petitioner, and Sri Praveena Y. Devareddiyavara, learned High
Court Government Pleader for respondent No.1-State.
5. Learned counsel for the petitioner has vehemently
contended that the petitioner has been falsely implicated in the
case and has not committed any offence. He further contended
that the proceedings against accused Nos.1 to 6 and 8 have
already been quashed by this Court in Criminal Petition
No.4347 of 2018 dated 24.07.2024. The allegations against the
said accused and the petitioner are similar. Hence, on the
ground of parity, he seeks quashing of the proceedings insofar
as the petitioner is concerned.
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
Per contra
6. , the learned High Court Government
Pleader has vehemently contended that the petitioner is
involved in a heinous offence and that two persons died on
account of the alleged abetment by the petitioner and other
accused. It is further contended that the petitioner is disputing
the factual allegations, which cannot be examined in the
present proceedings. Hence, learned HCGP prayed for dismissal
of the petition.
7. Perused the entire charge-sheet. The allegations in
the charge-sheet, in brief, are that the deceased,
Jayasheelanagowda and Gurubasavanagowda, had borrowed
loans from accused Nos.1 to 10 and that the accused persons
subsequently insisted upon repayment of the amounts. It is
alleged that, due to the harassment, the deceased decided to
end their lives and consumed insecticide in the agricultural land
on 27.12.2014, resulting in their death. After investigation, the
Police have filed the charge-sheet, which reads as under:
" ತದ ಜಯ ೕಲ
ಡ ಮ ಬಸವನ
ಡ ಇವ
ಹರಪನಹ ಯ ಎ ! "ಲ #$ ನ%&' ವ( ವ)ರ
*+, -. /ತರ ಎ ! "ಲ #$ ಹರಪನಹ 0ಂದ 234 5
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
, 01, 13
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
8. As could be seen from the statements recorded during
the investigation and the allegation in the charge-sheet disclose
that persons allegedly the accused visited the house of the
deceased when they were not at home and insulted the family
members regarding the money that had remained unpaid to
them. The entire set of allegations indicates that the accused
came to the house of the deceased when they were not present
and insulted the family members, it would be inconceivable to
conclude that the accused instigated the deceased to commit
suicide.
9. In order to attract Section 306 of the Indian Penal
Code, 1860, there must be a direct nexus between the
inducement to commit suicide and the actual act of committing
suicide. In the present case, the allegations in the charge sheet
do not indicate that the petitioners directly instigated the
deceased to take the extreme step of committing suicide. In
the absence of such allegation, the charge U/Sec.306 would not
be sustainable. An insult meted out to the deceased family
members cannot attract the provisions of Section 306 of the
Indian Penal Code, 1860.
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HC-KAR
NC: 2026:KHC-D:17094
CRL.P No. 101242 of 2026
CNR: KAHC020090142026
10. In view of the aforesaid circumstances, the petition
deserves to be allowed. Accordingly, I proceed to pass the
following
O R D E R
allowed
i. Criminal petition is .
ii. The proceedings in Criminal Case No.76 of 2018 in
connection with Crime No.246/2014 of Harapanahalli
police station pending on the file of the Civil Judge and
Judicial Magistrate First Class, Harapanahalli, for the
offences punishable under Sections 506, 504 and 306
read with Section 149 of the Indian Penal Code, 1860,
insofar as the petitioner-accused No.9 are hereby
quashed.
In view of the disposal of the petition, pending
interlocutory applications, if any, shall stand dismissed.
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK /CT-SK
List No.: 1 Sl No.: 9