- 1 - NC: 2025:KHC:2676 CRL.P No. 257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 257 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. UMESHA S/O NANJAIAH, AGED ABOUT 38 YEARS, R/AT THATHANHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA POST, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107. …PETITIONER (BY SRI. VINAYACHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA HUNSUR TOWN POLICE STATION, MYSURU DISTRICT-571 105. REPRESENTED BY: THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-1. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.265/2024 OF HUNSUR TOWN POLICE STATION FOR ALLEGED OFFENCES UNDER SECTION 352, 108, 190 OF BNS, 2023, PENDING ON THE FILE OF PRL. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2676 CRL.P No. 257 of 2025 CIVIL JUDGE (SR.DN.) AND CJM COURT HUNSUR, MYSURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is before this Court seeking anticipatory bail in Crime No.265/2024 of Hunsur Town Police Station, Mysuru, registered for offences punishable under Section 352, 108 and 190 of BNS, 2023. 2. Heard both sides and perused the material on record. 3. Complaint is lodged by Sri Naveen Kumar S/o Sannakala. As per complaint allegations, he had taken a loan of Rs.45,000/- each from ITI Credit Fortune Capital Limited and Axis Bank, Hunsur. He was paying loan installments of Rs.2,420/- each. However, in the previous month, he could not pay the installments. It is alleged - 3 - NC: 2025:KHC:2676 CRL.P No. 257 of 2025 that on 28.11.2024, the petitioner from fortune Micro Finance and one Sharat from Axis Bank along with others came to his house and started quarrelling for not paying the installments and when his mother-in-law, deceased Sushila requested them not to quarrel, they abused and abetted her to commit suicide, on account of which she committed suicide by consuming poison. 4. Prosecution has to establish that the petitioner has intentionally aided or abetted the deceased to commit suicide. Mens rea on the part of the petitioner has to be established. To attract the ingredients of abetment, intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary. Prima facie, it appears that the complainant having taken loan failed to pay the installments for which the petitioner and others went to his house may be to recover the installments. The allegations that they have quarrelled and abetted the deceased to commit suicide is a matter for trial. - 4 - NC: 2025:KHC:2676 CRL.P No. 257 of 2025 5. Petitioner has undertaken to furnish sufficient surety and to cooperate with the investigation of the case. Hence, by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.265/2024 of Hunsur Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. - 5 - NC: 2025:KHC:2676 CRL.P No. 257 of 2025 c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 47 Ct: ra