- 1 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1417 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. DIGANTH M AGED ABOUT 20 YEARS, SON OF L MURTHY, RESIDING AT NO. 222, 5TH MAIN, NEL ROAD, KG NAGAR, GAVIPURAM EXTENSION BENGALURU - 560019 …PETITIONER (BY SRI. MURTHY D. NAIK, SR. COUNSEL FOR SRI. BHARATH KUMAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAJAJINAGAR PS, REPRESENTED BY HCGP BANGALORE -560 001. 2. SRI. BHARATH KUMAR M B, S/O LATE VENKATAGIRI, AGED ABOUT 49 YEARS, RESIDING AT: NO. 552, 53RD CROSS, III BLOCK, RAJAJINAGAR, BENGALURU - 560 010 …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO GRANT BAIL BY DIRECTING TO RELAESE THE PETITIONER FORTHWITH ON BAIL IN CRIME NO.133/2024 REGISTERED BY RAJAJINAGAR POLICE STATION PENDING BEFORE THE XXXII ADDL. CMM AT BENGALURU FOR THE OFFENCES PUNISHABLE SECTION 108 OF THE BNS, 2023, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT TO GRANT ON THE FACTS AND CIRCUMSTANCES OF THE CASE. 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 the sole accused in Crime No.133/2024 of Rajajinagar Police Station, registered for offence punishable under Section 108 of the BNS, 2023. 2. This petition is preferred under Section 483 of the BNSS 2023 praying to enlarge the petitioner on bail. 3. Heard the learned senior counsel appearing for petitioner, learned Additional SPP for the State and perused the material on record. - 3 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 4. Complaint is lodged by the victim’s father. It is averred in the complaint that his daughter Priyanka, aged 19 years was pursuing her studies in MES Composite College. On 29.11.2024, at about 07:00 a.m., his wife Smt. Divya. G., informed him over phone that their daughter has committed suicide. Immediately, he rushed to the house and noticed his daughter's dead body hanging in the 3rd floor of the balcony of their building. When he enquired with his daughter’s friends namely Sonia Reddy and Sanjana. S., they informed him that the petitioner had befriended his daughter and getting to know that complainant is into gold business, petitioner showed videos of super car and Casino to his daughter and inducing her that he will get the money doubled, took gold jewellery worth Rs.15,00,000/- from her and thereafter, without returning the jewellery started harassing her. It is also alleged that the petitioner was telling bad things about his daughter to everyone and he was threatening her, due to which she was mentally disturbed. Hence, keeping a death note in the back cover of the mobile, she committed suicide by hanging using a veil. - 4 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 5. The learned Additional SPP has contended that the petitioner, taking advantage of the innocence of the deceased, a young girl aged 19 years, who reposed trust in him and handed over the jewellery, sold the said jewellery to CWs.33. Further, he assured her that he will get the money doubled but cheated her without returning the jewellery or money and started harassing her and told bad things about her to others, due to which she was mentally disturbed and committed suicide. She contended that the conduct of the accused has led the deceased to take the extreme step of committing suicide and therefore, the ingredients of the offence are made out, hence, there is a prima-facie case against the petitioner. 6. Learned senior counsel appearing for the petitioner has contended that to attract the ingredients of abetment, the prosecution has to show that the accused has intentionally aided or instigated or abetted a person to commit suicide. He contended that in the present case the same is lacking. He contended that the complaint allegations are very vague and bald and not supported by any material evidence. Petitioner is a student aged about 20 years. He has no past criminal antecedents. He is ready and willing to abide by any conditions - 5 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 which may be imposed by the Court and accordingly, sought to allow the petition. 7. It is alleged that the petitioner befriended deceased Priyanka. B, and assuring that he will get money doubled, received gold ornaments worth Rs.15,00,000/- from her, but did not return the gold jewellery or money as promised, on the other hand started harassing, telling bad things about her to others. 8. It is the case of prosecution that due to the conduct of accused, deceased was mentally disturbed and committed suicide by hanging herself, leaving a death note, accusing him solely responsible for her to take the extreme step. 9. Learned senior counsel has relied on a decision of the Hon’ble Apex Court in the case of 'AYYUB AND OTHERS V/s. STATE OF UTTAR PRADESH AND ANOTHER' reported in 2025 SCC Online SC 259, wherein, the Hon’ble Apex Court has reiterated that 'in order to make out an offence under Section 306 of IPC, Specific abetment as contemplated by Section 107 of IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result - 6 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 of that abatement is required. It is further held that the intention of the accused to aid or instigate or to abet the deceased to commit suicide is a must for attracting Section 306 IPC [See Madan Mohan Singh v. State of Gujarat, (2010) 8 SCC 628]. Further, the alleged harassment meted out should have left the victim with no other alternative but to put an end to her life and that in cases of abetment of suicide there must be proof of direct or indirect acts of incitement to commit sucide. 10. The prosecution has to establish in due course that the accused has intentionally aided or instigated or abetted the deceased to commit suicide, which ingredients are relevant to attract the offence under Section 306 of IPC and it shall be shown that the alleged harassment meted out to the deceased should have left the victim with no other alternative but to put an end to her life. 11. Petitioner is aged about 20 years, he has no criminal antecedents. He is in judicial custody since 30.11.2024. Investigation is completed and charge sheet is filed. He has undertaken to furnish adequate surety to ensure his regular presence before the Trial Court. Hence, by imposing - 7 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 appropriate conditions, he can be admitted to bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.133/2024 of Rajajinagar Police Station, Bengaluru City, shall be released on bail subject to following conditions: a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall not tamper with the prosecution witnesses either directly or indirectly. d) He shall appear before the trial Court on all dates of hearing without fail. - 8 - NC: 2025:KHC:7904 CRL.P No. 1417 of 2025 iii) Violation of condition/s shall result in cancellation of bail. iv) No view is expressed on the merit of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34 CT:SNN