The Karnataka High Court recently granted bail to an accused charged under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, in a case involving alleged abetment of suicide. The judgment underscores that mere strained relationships or quarrels, absent direct instigation, do not suffice to sustain charges of abetment under the BNS. This ruling provides critical guidance on the evidentiary threshold required for such offences and reinforces the principles governing bail in cases where the punishment does not extend to life imprisonment or death.
Background & Facts
The Dispute
The petitioner, Bontha Manikantha @ Manikantha B, was accused of abetting the suicide of Krishnaveni, a 23-year-old woman, under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The case arose from a First Information Report (FIR) registered on 26.07.2025 by Wilson Garden Police Station, Bengaluru, based on a complaint by the deceased's mother, Smt. P. Shashikala.
Key Facts
- The deceased, Krishnaveni, committed suicide by hanging on 20.07.2025.
- The FIR was registered belatedly on 26.07.2025 based on the mother's suspicion that the petitioner and his parents were responsible for her daughter's death.
- The petitioner and the deceased were in a romantic relationship and had shifted to Bengaluru together.
- On 19.07.2025, the petitioner and the deceased allegedly quarreled over a mobile phone, following which the deceased committed suicide on 20.07.2025.
- The charge sheet, filed against the petitioner alone, did not allege any direct act of instigation or abetment leading to the suicide.
- The petitioner was arrested on 18.09.2025 and remanded to judicial custody.
- The petitioner has no criminal antecedents.
Procedural History
- 26.07.2025: FIR registered under Sections 108 r/w 3(5) of BNS (Crime No. 97/2025).
- 18.09.2025: Petitioner arrested and remanded to judicial custody.
- Post-18.09.2025: Charge sheet filed against the petitioner.
- 09.02.2026: Bail application (Criminal Misc. No. 728/2026) rejected by the trial court.
- Present Petition: Criminal Petition No. 2957 of 2026 filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail.
Relief Sought
The petitioner sought enlargement on bail in S.C. No. 1703/2025 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No. 97/2025 registered for offences under Sections 108 and 3(5) of the BNS, 2023.
The Legal Issue
The central question before the Court was whether the petitioner could be granted bail under Section 483 of the BNSS, 2023, where the charge sheet failed to establish direct instigation or abetment of suicide under Sections 108 and 3(5) of the BNS, 2023, and where the alleged offences did not attract punishment of life imprisonment or death.
Arguments Presented
For the Petitioner
- The charge sheet did not allege any direct act of instigation or abetment by the petitioner leading to the suicide.
- The relationship between the petitioner and the deceased had merely strained due to a quarrel, which did not constitute abetment under Section 108 of the BNS.
- The petitioner had no criminal antecedents and had been in custody since 19.09.2025.
- The alleged offences were not punishable with life imprisonment or death, warranting bail.
For the Respondent
- The State opposed the bail application, relying on the gravity of the offence and the allegations in the FIR.
- The prosecution contended that the petitioner's actions, including the quarrel preceding the suicide, could be construed as abetment under Section 108 of the BNS.
The Court's Analysis
The Court examined the charge sheet material and noted that there was no allegation of the petitioner having committed any act that directly instigated or abetted the deceased to commit suicide. The Court observed:
"There is no such allegation in the charge sheet about the petitioner committing any act, which would have resulted in instigating or abetting the deceased to commit suicide. Charge sheet material would suggest that relationship between the petitioner and the deceased Krishnaveni got strained because of their difference of opinion and they had quarreled over mobile phone and subsequently, Krishnaveni committed suicide."
The Court further emphasized that the alleged offences under Sections 108 and 3(5) of the BNS were not punishable with life imprisonment or death. Given the absence of direct evidence of instigation and the petitioner's prolonged custody, the Court concluded that the petitioner was entitled to bail subject to appropriate conditions.
The Verdict
The Court allowed the petition and directed the petitioner's enlargement on bail in Crime No. 97/2025 registered for offences under Sections 108 and 3(5) of the BNS, 2023, subject to the following conditions:
- Execution of a personal bond for Rs. 1,00,000 (Rupees One Lakh only) with two sureties for the like sum.
- Regular appearance before the trial court on all hearing dates unless exempted for valid reasons.
- No direct or indirect threat or tampering with prosecution witnesses.
- No involvement in similar offences in the future.
- No leave of the trial court's jurisdiction without permission until the case is disposed of.
What This Means For Similar Cases
Evidentiary Threshold for Abetment of Suicide
- The judgment reinforces that mere strained relationships or quarrels, absent direct instigation, do not meet the threshold for abetment under Section 108 of the BNS.
- Prosecutors must establish a direct causal link between the accused's actions and the suicide to sustain charges of abetment.
Bail Jurisprudence in Non-Heinous Offences
- Courts are inclined to grant bail where the alleged offences do not attract punishment of life imprisonment or death, provided the accused has no criminal antecedents.
- Prolonged custody without direct evidence of instigation can be a ground for bail, even in serious offences like abetment of suicide.
Practical Takeaways for Practitioners
- For Defence Counsel: Argue for bail by highlighting the absence of direct instigation in the charge sheet and the accused's clean antecedents.
- For Prosecution: Ensure the charge sheet clearly establishes a direct link between the accused's actions and the suicide to oppose bail effectively.
- For Trial Courts: Scrutinize charge sheet material for direct evidence of instigation before denying bail in cases under Sections 108 and 3(5) of the BNS.
