- 1 - NC: 2025:KHC:3639 CRL.P No. 633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 633 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SRI. SHASHI KIRAN L.D. S/O DODDAIAH, AGED ABOUT 34 YEARS, RESIDING AT IOB BANK, NEW EXTENTION, VTC: HEGGERE, PO: SIDDARTHANAGARA, TUMKUR DISTRICT-572 107. …PETITIONER (BY SRI. R. KUMAR.,ADVOCATE) AND: THE STATE BY HOSAKOTE POLICE STATION, HOSAKOTE, BENGALURU-560 009. REP. BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, BANGALORE-01. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS, 2023) PRAYING TO GRANT ANTICIPATORY BAIL, BY DIRECTING THE RESPONDENT-POLICE, TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL, IN THE EVENT OF HIS ARREST, IN CRIME NO.382/2024 REGISTERED AT HOSAKOTE POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108, 3(5) OF BHARATIYA NYAYA SANHITA (BNS), 2023, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) & JMFC COURT, HOSAKOTE, BANGALORE RURAL DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3639 CRL.P No. 633 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.2 in Cr.No.382/2024 of Hosakote Police Station registered for the offence punishable under Section 108, 3(5) of BNS, 2023 has preferred this petition under section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard both the sides and perused the material on record. 3. Facts in brief are as under: Complainant is a resident of Audugodi, Bengaluru. She has two sons i.e., Srinivasa G and Chandrashekar G. Her husband is no more. She has brought up her children, working as a house maid. Her eldest son after finishing his SSLC, obtained diploma in ITI and subsequently worked in KMF Dairy for 2 years. Thereafter, he was - 3 - NC: 2025:KHC:3639 CRL.P No. 633 of 2025 transferred to Milk Dairy at Hosakote Taluk and he worked there for 7-8 years. About 3 months back, he started residing in a rented house of P.Rajanna in V.V.Layout, Hosakote. He was shouldering responsibilities of the family and used to visit his house once a week at audogodi. During his visits, he was visibly upset and when the complainant enquired him, he informed her that the Manager of the Dairy and one Shashi Kiran, petitioner herein are harassing him by giving uplifting talks to his co-workers and by taunting him and therefore, the said behaviour of the accused persons has hurt his sentiments. On 7.12.2024 at 9.42 a.m., the deceased typed in WhatsApp status that Mr.Raziq is harassing and insulting him and therefore, he has decided to take his life. 4. According to prosecution, the deceased before committing suicide on 7.12.2024 typed in WhatsApp status that Mr.Raziq has been harassing and insulting him and therefore, he has decided to take his life. No such allegations are against this petitioner. This Court after - 4 - NC: 2025:KHC:3639 CRL.P No. 633 of 2025 considering the facts and circumstances, has granted bail to accused No.1 in Crl.P.No.368/2025 vide order dated 21.01.2025. Further, this Court has observed therein that the intention of the accused to aid or instigate or to abet the deceased to commit suicide is a must to establish an offence under Section 306 of IPC (108 BNS) and the presence of clear mens rea is essential. Further, prosecution must demonstrate an active or direct action by the accused that led the deceased to take his own life. 5. In the above facts and circumstances and considering accused No.1 is released on bail, petitioner arraigned as accused No.2 is also entitled for the relief sought in the petition. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.2 in Crime No.382/2024 registered by Hosakote Police Station, shall be released in the event of his arrest, subject to following conditions: - 5 - NC: 2025:KHC:3639 CRL.P No. 633 of 2025 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 two sureties for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) 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 TL List No.: 1 Sl No.: 40 Ct:ra