Karnataka HC Quashes Proceedings Against Creditor After Two Borrowers’ Suicides: Alleged Family Abuse While They Were Away Did Not Show Instigation

The prosecution alleged that the deceased, Jayasheelanagowda and Gurubasavanagowda, had borrowed money from accused Nos. 1 to 10 and were harassed over repayment. On 27 December 2014, they consumed insecticide and died.

Following investigation, a charge-sheet was filed against the petitioner, accused No. 9, and others for offences under Sections 506, 504 and 306 read with Section 149 of the Indian Penal Code, 1860 (IPC). The petitioner sought to quash the proceedings, noting that proceedings against several co-accused had previously been quashed on similar allegations.

Section 306 IPC requires a legally sufficient connection between the accused’s conduct and the deceased’s suicide; the Court stated that there must be a direct nexus between inducement to commit suicide and the act of suicide.

Insulting the deceased’s family members, without allegations showing direct instigation of the deceased, does not by itself attract Section 306 IPC.

The petition was brought under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which the Court invoked to quash the proceedings.

The charge-sheet also invoked Sections 504, 506 and 149 IPC.

The charge-sheet and investigation materials alleged that the accused visited the deceased’s home when the deceased were absent and insulted their family members over unpaid loans.

The Court considered those allegations insufficient to show that the petitioner directly instigated either deceased to commit suicide. As the alleged conduct did not establish the required nexus for Section 306 IPC, the charge under that provision was unsustainable against the petitioner.

Pending interlocutory applications, if any, were dismissed.