No suicide, yet abetment case filed: Karnataka high court pulls up policeman

Bengaluru: Karnataka high court has directed a departmental inquiry against the officer-in-charge at Banaswadi police station who filed a chargesheet for an offence punishable under Section 108 of Bharatiya Nyaya Sanhita — abetment to suicide — when the purported victim was still alive.

Justice M Nagaprasanna observed that there was no suicide in the case and directed that the action taken against the cop be reported to the court within three months of receiving a copy of the order. The observation came while allowing the petition filed by Nixon, the accused who also happens to be the husband of Priya, the complainant.

The couple, residing in RS Palya, were married for seven years. On Oct 21, 2025, at around 9pm, a squabble broke out between them when Nixon came home in an inebriated state and tried to assault Priya. She then allegedly attempted to kill herself by jumping from the second floor of the house and sustained injuries. After receiving treatment, she approached Banaswadi police to file a complaint. In the complaint, she stated that she attempted to commit suicide. However, police registered a case of abetment to suicide against the husband, who was arrested. After investigation, the chargesheet was also filed for the same offence.

The trial court refused bail to Nixon. In the meantime, the couple reconciled, and Nixon moved the high court for quashing of the proceedings. He argued that there was no suicide in the case to invoke the abetment offence against him. He also stated that the couple now wanted to live together, after burying their differences.

After perusing the material on record, including the complaint filed by the wife, Justice Nagaprasanna strongly disapproved of the action taken by police. He said the case exposed a mechanical prosecution and reckless use of a penal provision that could not have been invoked based on the admitted facts. He noted that Section 108 applies only when a person dies by suicide, and yet police registered a case and filed a chargesheet under it.

Observing that the most disturbing aspect was that the petitioner spent six months in prison despite the charge lacking any legal basis, the judge said the case reflected investigative negligence and disregard for personal liberty.

Saying the criminal justice system cannot function on the whims of investigating officers, Justice Nagaprasanna said the case showed clear non-application of mind, resulting in the incarceration of a citizen for an offence that did not legally exist. He therefore directed a departmental inquiry against the cop and ordered the petitioner’s immediate release from judicial custody.