- 1 - NC: 2025:KHC:9585 CRL.P No. 2126 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2126 OF 2025 BETWEEN: RAKESH AGRAWAL, AGED ABOUT 51 YEARS, S/O RAJARAM AGARWAL R/AT NO. 3, MAWA ROAD, NEAR HDFC BANK, RAIPUR, CHATTISGARH - 492 004. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.2/2025 OF SADASHIVANAGAR P.S., FOR THE OFFENCES P/U/S 108 OF BNS, PENDING ON THE FILE OF 1st ACMM COURT, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9585 CRL.P No. 2126 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.2/2025 registered by Sadashivanagar Police Station, Bengaluru City, for offence punishable under Section 108 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Sadashivanagar Police Station, Bengaluru City against the petitioner herein for the aforesaid offence, based on the first information received from Smt.Chandrika Balakrishna. Apprehending arrest in the said case petitioner had filed Crl.Misc.No.520/2025 before the Jurisdictional Sessions Court which was rejected 31st January, 2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that even if the allegations found in the first information or in the death note of the deceased are presumed to be true, - 3 - NC: 2025:KHC:9585 CRL.P No. 2126 of 2025 the alleged offence cannot be made out against the petitioner. Petition has no other criminal antecedents and he is close relative of deceased. He is ready and willing to cooperate with the police for investigation. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has seriously opposed the petition. He submits that in the death note there are serious allegations found against the petitioner and the deceased along with his family members has committed suicide. Custodial interrogation of the petitioner is required. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner is the maternal uncle of the deceased and it appears that deceased had purchased certain property at Raipur in Chattisgarh, through the petitioner in the year 2021. In the death note of the deceased, it is specifically mentioned that for the last about six years there has been certain dispute between the parties and it is alleged that petitioner was harassing the deceased. - 4 - NC: 2025:KHC:9585 CRL.P No. 2126 of 2025 7. Perusal of the material on record would also go to show that deceased had a minor daughter who was suffering from autism. Deceased along with his family members had committed suicide in his house leaving behind a death note and it is only on the basis of the said death note, the petitioner is arraigned as accused in the present case. The question whether the allegations found in the death note is sufficient so as to hold the petitioner guilty for the alleged offence, is required to thrashed out in a full fledged trial. There is a specific averment found in the death note that for the last six years petitioner has been harassing the deceased. From a reading of death note it is found that petitioner who allegedly had promised to pay money to the deceased was irregular in making payments. The act committed by the accused persons should have nexus with the death of deceased and the said act should have aided or abetted the death to commit suicide. Undisputedly, petitioner has no other criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. No mention is - 5 - NC: 2025:KHC:9585 CRL.P No. 2126 of 2025 made about his specific act of harassment by the deceased either in the first information or in the death note of the deceased. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal petition is allowed. The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.2/2025 registered by Sadashivanagar Police Station, Bengaluru City, for offences punishable under Section 108 of BNS, 2023, subject to the following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall appear before the investigation officer in the present case on - 6 - NC: 2025:KHC:9585 CRL.P No. 2126 of 2025 17.03.2025 between 10:00 am and 11:00 am and on the said date if necessary the investigation officer is at liberty to take the petitioner to custody for the purpose of interrogation. However, it is made clear that the petitioner shall be released on the same day on or before 6:00 p.m. 3. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 4. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 5. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 67 CT: BHK