The Karnataka High Court has quashed a First Information Report(FIR) registered against a woman for abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS), holding that there was no specific act on her part with a proximate nexus to her husband’s death.

Justice S. Vishwajith Shetty, sitting at the Dharwad Bench, allowed the petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by the accused wife, who had been named in Crime No.5/2025 of Ashoknagar Police Station, Hubballi-Dharwad.

Facts:

According to the FIR lodged on January 26, 2025, by the deceased’s brother, the petitioner’s marriage with the deceased was solemnised on December 8, 2022. She had lived with him for about three months before returning to her parents’ home, and efforts to reconcile failed.

On the morning of January 26, the deceased allegedly died by suicide in his house, leaving behind a death note. The note stated that “his wife needs his death and she had tortured him.”

The Court, however, observed:“Except the aforesaid, there is no mention of any particular act committed by the petitioner which has nexus to the death of the deceased.”

It emphasised that for invoking Section 108 BNS, the alleged act should have the proximity and nexus with the death of the deceased and the act must have “abated, instigated or aided the deceased to commit suicide.”

Judgement:

The order noted that the couple had been living separately for over a year and were engaged in pending matrimonial proceedings – the husband seeking restitution of conjugal rights and the wife pursuing a domestic violence complaint against him and his relatives.

Referring to Supreme Court precedents, including Prakash & Ors. v. State of Maharashtra (2024 INSC 1020), the Court reiterated that “merely for the reason that accused had asked the deceased to go and die, that itself does not constitute the ingredient of ‘instigation’,” stressing that the presence of mens rea is a necessary concomitant.

The bench also cited Mariano Anto Bruno v. Inspector of Police (2022 SCC OnLine SC 1387), Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618], and Kanchan Sharma v. State of U.P. (2021 SCC OnLine SC 737), all underscoring that without a positive act intended to push the deceased into a position where they saw no option but suicide, the offence of abetment is not made out.

Finding that this was a “fit case wherein this Court needs to exercise its power under Section 528 of the BNSS 2023, to secure the ends of justice,” the Court quashed the entire proceedings.

Case Title: Feebi Gottam @ Feebhe Gollapalli v. State of Karnataka & Anr.
Case No.: Criminal Petition No. 100661 of 2025
Advocates: Sachin C. Angadi for petitioner; Girija S. Hiremath, HCGP for R1; Reshma Madiwalar for R2.