The Karnataka High Court, in a significant ruling, quashed an FIR registered against Feebi Gottam under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023. The case, which involved allegations of abetting the suicide of her husband, Petaru Gollapalli, was dismissed due to insufficient evidence linking her actions directly to the suicide.
Background of the Case
The petitioner, Feebi Gottam, was accused of abetting the suicide of her husband, Petaru Gollapalli, who allegedly hanged himself on January 26, 2025. The FIR was registered based on a complaint filed by Eshayya Gollapalli, the brother of the deceased. The complaint stated that Feebi had lived with her husband for only three months after their marriage in December 2022 before returning to her parents' house. Despite efforts to reconcile, the couple remained separated, and matrimonial disputes were pending in court.
The Hon’ble Mr. Justice S. Vishwajith Shetty, presiding over the case, noted that the material on record did not establish a direct nexus between Feebi's actions and the suicide of her husband. The alleged death note mentioned that Feebi "needed his death" and had "tortured him," but no specific acts of instigation or abetment were detailed.
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"For the purpose of invoking Section 108 of BNS 2023, the alleged act committed by the accused should have proximity and nexus with the death of the deceased, and the act should have abetted, instigated, or aided the suicide."
The court emphasized that mere allegations of marital discord or general statements in a death note were insufficient to constitute abetment under the law.
Legal Precedents Cited
The judgment referenced several Supreme Court rulings to support its decision:
- Prakash v. State of Maharashtra (2024): The Supreme Court held that words uttered in anger or emotion, without mens rea, do not amount to instigation.
- Mariano Anto Bruno v. Inspector of Police (2022): The Court ruled that a clear intention to abet suicide must be proven, and the act must leave the deceased with no other option.
- Ramesh Kumar v. State of Chhattisgarh (2001): Instigation requires a reasonable certainty that the accused's actions incited the suicide.
- Kanchan Sharma v. State of Uttar Pradesh (2021): Abetment involves intentional acts that directly push the deceased to commit suicide.
After analyzing the facts and legal precedents, the court concluded that the FIR lacked the necessary ingredients to sustain a charge under Section 108 of BNS 2023. The proceedings in Crime No. 5/2025 were quashed, providing relief to the petitioner.
"This is a fit case wherein this Court needs to exercise its power under Section 528 of the BNSS 2023 to secure the ends of justice."
Case Title: Feebi Gottam v. State of Karnataka & Anr.
Case No.: Crl.P No. 100661 of 2025
