- 1 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200621 OF 2025 (438(Cr.PC)/482(BNSS)) C/W CRIMINAL PETITION NO.200666 OF 2025 (438(Cr.PC)/482(BNSS)) IN CRL.P.NO.200621/2025: BETWEEN: AMARAYYA S/O MALLAYYA, AGE:24 YEARS, OCC: AGRICULTURE, R/O MULLUR VILALGE, TQ. SINDHNAUR, DIST. RAICHUR-584125. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI 585107, (THROUGH SINDHANUR RURAL PS, TQ. SINDHANUR, DIST. RAICHUR 584125) …RESPONDENT (BY SRI GOPALKRISHNA B. YADAV, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 THIS CRL.P IS FILED U/S 482 OF BNSS,2023 PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE SINDHANUR RURAL P.S. TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN SINDHANUR RURAL P.S CRIME NO.54/2025, PENDING ON THE FIE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC Court, SINDHANUR, DISTRICT RAICHUR. IN CRL.P.NO.200666/2025: BETWEEN: YANKOBA S/O BALAPPA RAKKASAGI, AGE:37 YEARS, OCC: COOLIE, R/O MULLUR VILLAGE, TQ. SINDHANUR, DIST.RAICHUR-584125. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585107, (THROUGH SINDHANUR RURAL PS, TQ. SINDHANUR, DIST.RAICHUR-584125). …RESPONDENT (BY SRI GOPALKRISHNA YADAV, HCGP) THIS CRL.P. IS FILED U/SEC 482 OF BNSS, 2023 PRAYING TO, GRANT THE ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE SINDHANUR RURAL P.S TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN SINDHANUR RURAL P.S CRIME NO.54/2025, FOR THE OFFENCES U/SEC 108, 351(2), R/W SEC 3(5) OF BNS, - 3 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 2023, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, SINDHANUR, DISTRICT RAICHUR. THESE PETITIONS, 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) These petitions are filed by accused Nos.1 and 2 seeking to release them on anticipatory bail in the event of their arrest in Crime No.54/2025, registered by the Sindhanur Rural Police Station, for the offences punishable under Sections 108, 351(2), read with Section 3(5) of BNS, 2023, pending on the file of the Additional Civil Judge (Jr.Dn.) and JMFC Court, Sindhanur, District Raichur. 2. It is the case of the prosecution that the complainant namely, Venkanagouda S/o Rangareddy filed a complaint stating that Shashikala was his sister and she was married. She was staying in Mullur village. On - 4 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 07.03.2025, he stated to have received a massage that his sister committed suicide. On receiving the said information, he went to Mullur village and enquired about the death. He was told that on 26.02.2025, Shashikala had visited the house of Veeresh S/o Venkanna and informed him that she had advanced loan of Rs.10,00,000/- to accused Nos.1 and 2. The amount was given to them on the promise that they will return the said amount within a short period. However, they did not repay the amount instead of repeated request made by her and they abused her, threatened her and also refused to return the amount. Consequently, she committed suicide. 3. It is the submission of the learned counsel for the petitioners in both the cases that there is no documents show that she had advanced the loan of Rs.10,00,000/- to both the accused. There is no evidence to show that she had been to the house of the accused/petitioners and quarreled with them regarding repayment of the loan amount which was given to them. - 5 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 4. It is further submitted that there is no material to attract the ingredients of the above said provisions against the accused. It is further submitted that the petitioners are the permanent residents of Mullur village, Sindhanur Taluk and they are aged about 24 and 37 years respectively. They will abide the conditions that may be imposed by this Court in the event of their release on bail. Making such submissions, he prays to allow the petitions. 5. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the offences alleged against the petitioners are heinous. Their custodial interrogation is very much necessary in this case. In case, the anticipatory bail is granted, there may be chances of not co-operating with the investigation and also there may be chances of absconding from the case. Therefore, it is not appropriate to grant them bail. Making such submissions, he prays to dismiss the petitions. - 6 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that the complainant had received a massage on 07.03.2025 that his sister had committed suicide. On receiving the said massage, he went to the Mullur village and received an information regarding the incident. Therefore, he lodged a complaint against the accused. On reading of the averments of the complaint and also the case diary of which the learned High Court Government Pleader made available before this Court, I am of the considered opinion that the petitioners have made out a case to grant them bail. 7. Hence, I proceed to pass the following: ORDER Both Criminal Petition are allowed. The respondent/Police is directed to release the petitioners in the event of their arrest in Crime No.54/2025, registered by the Sindhanur Rural Police Station, for the offences punishable under Sections 108, - 7 - NC: 2025:KHC-K:2500 CRL.P No. 200621 of 2025 C/W CRL.P No. 200666 of 2025 351(2) read with Section 3(5) of BNS, 2023, pending before the Additional Civil Judge (Jr.Dn.) and JMFC Court, Sindhanur, District Raichur, subject to the following conditions: (i) The petitioners shall execute personal bonds for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer. (ii) The petitioners shall not threaten or tamper the prosecution witnesses. (iii) The petitioners shall co-operate for investigation as and when required. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 15 CT:PK