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2025 DAILYLAW 10147 (KAR)

GURURAJ @ GURUSIDDA v. THE STATE OF KARNATAKA

CRL.P/200524/2025 · 2025-04-04

S Rachaiah

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2152 CRL.P No. 200524 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200524 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: GURURAJ @ GURUSIDDA S/O LACHCHAPPA @ LAXMAN SAHUKAR, AGE: 32 YEARS, OCC: TEACHER, R/O BASANAL VILLAGE, TQ. INDI, DIST. VIJAYAPURA-586209. …PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CHADACHAN POLICE STATION, DIST.VIJAYAPUR-586205. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL. P. IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL IN CRIME NO.08/2025 OF CHADACHAN POLICE STATION, FOR THE OFFENCES PUNISHABLE U/SEC. 108, 318(1) OF BNS, 2023, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, INDI, DIST. VIJAYAPUR. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2152 CRL.P No. 200524 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner is the sole accused seeking relief of bail in Crime No.8/2025 of the respondent/police. 2. A complaint came to be registered by the father of the victim stating that his daughter has completed her B.A. degree and she was staying at home. It is noticed that since few days she became dull and used to sit idle in the house. On an enquiry, she discloses that the petitioner was her lecturer and he had promised her that he would marry her, however, she was deceived by the petitioner. 3. The family members have advised her to forget about the said facts and assured her that they would perform the marriage with a suitable bridegroom of their caste. On 20.01.2025 in the morning at about 11-00 a.m. - 3 - NC: 2025:KHC-K:2152 CRL.P No. 200524 of 2025 she informed her family members that she would go to answer the nature call and came back. However, the family members have learnt that she committed suicide in the land. After going to the land, they found the dead body and also death note. In the death note, it was mentioned that, the petitioner was responsible for her death. 4. Heard Sri Kadloor Satyanarayanacharya, the learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 5. It is submitted that the petitioner has been falsely implicated in this case. Merely because, the deceased had left the death note by mentioning the name of the petitioner, that itself would not be sufficient to implicate the petitioner as the accused in the above said offence. - 4 - NC: 2025:KHC-K:2152 CRL.P No. 200524 of 2025 6. It is further submitted that the petitioner is working as a lecturer and the resident of the Basanal village, Indi Taluk. He is in judicial custody since 22.01.2025. Hence, he may be enlarged on bail by imposing suitable conditions. 7. Per contra, the learned High Court Government Pleader vehemently submitted that the death note of the deceased would indicate that the petitioner had provoked and instigated the deceased to commit suicide. Since there is a direct evidence to indicate that the petitioner had instigated and responsible for the suicide, he is not entitled for the relief as prayed for. Hence, the bail application may be rejected. 8. Having heard the learned counsel for the respective parties and also perused the averments of the record, it appears that the petitioner was working as a lecturer and stated to have developed intimacy with the deceased. It is stated that the petitioner had promised the - 5 - NC: 2025:KHC-K:2152 CRL.P No. 200524 of 2025 deceased to marry her. As the petitioner had refused to marry her, she stated to have committed suicide by leaving the death note. Prima facie, there is no proximity in the suicide and abetment. Without adverting to the merits of the case, it is appropriate to grant bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.8/2025, registered by the Chadachan Police Station for the offences punishable under Sections 108, 318(1) of BNS, 2023, pending on the file of the Civil Judge and JMFC Court, Indi Dist. Vijayapur, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: - 6 - NC: 2025:KHC-K:2152 CRL.P No. 200524 of 2025 a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. c. The petitioner shall co-operate for investigation as and when required. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 33 CT:PK