(1.) The petitioner has approached this Court seeking for quashing of the investigation and FIR in Crime No.225/2013 on the file of the Muddebihal police registered for the offence punishable under Section 306 of IPC. Consequently, registering the FIR before the JMFC., Court Muddebihal.
(2.) I have heard the arguments of Sri C.H.Jadhav, learned Senior counsel for the petitioner and also learned High Court Government Pleader for respondent No.1 and Sri Ishwaraj.S.Chowdapur, learned Counsel for respondent No.2. I have carefully perused the records.
(3.) The brief factual matrix that emanate from the records are that, a person by name Sri Kedar S/o: Dinakar Marathe, herein lodged a report at the initial stages with regard to the death of his father stating that on 15.10.2013 at about 2.30 p.m. he received an information from his mother-Megha stating that his father has committed suicide by pouring kerosene and litting fire on himself, he immediately came to Muddebihal from Bijapur and saw the dead body of his father. His mother disclosed that on that particular day at about 2.15 p.m. the complainant's father went to attend nature's call and thereafter he started screaming in the lavatory inside the house and thereafter there was smoke and flame emerging from the lavatory and thereafter they opened the door forcibly and found the dead body of the deceased. It is also alleged by the complainant that his father left a death note wherein it is categorically stated that the petitioner Y.V.Vadavadagi is responsible for the death of the deceased. But at the first instance it is stated by the complainant that his father might have written such death note due to some depression but he has no suspicion so far as the petitioner is concerned or any other person. Therefore, he requested the police to take appropriate action. On the basis of such information the police proceeded with the investigation by registering a UDR case. Subsequently, on 19.10.2013 the second respondent submitted another information to the police reiterating the facts of the earlier complaint adding to that after the completion of the obsequies ceremony of his father when he was discussing with his mother they came to know that the petitioner who was working as a junior advocate with the deceased has stealthily got some documents pertaining to Sy.No.129 measuring 17 acres and got decreed a suit by misrepresentation etc. and in this regard petitioner had been harassing the deceased and forcing the deceased to get a sale deed executed in favour of the petitioner's through his son for 4 acres of land, otherwise he would diminish the status of the deceased in the society etc. Being frustrated by the intensified harassment by the petitioner, on the ill-fated day, depicting the act of the petitioner in his death note, deceased committed suicide. On the basis of such allegations the police have registered a case in Crime No.225/2013 under Section 306 of IPC and continued the investigation. It appears the investigation is completed and the charge sheet is yet to be filed before the trial Court.