The Karnataka High Court has held that a person cannot be accused of abetment of suicide merely for refusing to return a child’s volleyball and asking the child to bring his father to collect it.
A Division Bench of Justice H.P. Sandesh and Justice B. Pramod made the observation while dismissing an appeal challenging the acquittal of two accused in a case concerning the death of a child.
Dispute Over a Volleyball
The case arose from an incident in which a child’s volleyball was allegedly retained by the accused.
The child was reportedly told to bring his father if he wanted the ball returned. The prosecution case sought to connect this incident with the child’s subsequent suicide and alleged that the conduct amounted to abetment.
The High Court, however, found that the circumstances relied upon by the prosecution were insufficient to establish the offence.
Mere Conduct Not Enough for Abetment
The Court emphasised that a finding of abetment of suicide requires more than a person’s conduct being unpleasant, harsh or upsetting.
There must be material showing the necessary legal connection between the accused’s conduct and the suicide, including the elements required to establish abetment under criminal law.
In the circumstances before it, the Court found that refusing to hand over the volleyball and asking the child to bring his parent did not, by itself, constitute the required ingredients of the offence.
Acquittal Upheld
The Bench therefore declined to interfere with the acquittal of the accused and dismissed the appeal.
The ruling reinforces the principle that criminal liability for abetment of suicide cannot be imposed merely because an accused person was involved in an incident preceding a suicide. The prosecution must establish the legally required elements connecting the accused’s conduct with the act of suicide.
Case: Gnanashekar M v. State of Karnataka
Court: Karnataka High Court
Bench: Justice H.P. Sandesh & Justice B. Pramod
Issue: Abetment of suicide
