- 1 - NC: 2025:KHC:10057 CRL.P No. 2933 of 2025 C/W CRL.P No. 2938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2933 OF 2025 C/W CRIMINAL PETITION NO. 2938 OF 2025 IN CRL.P No. 2933/2025: BETWEEN: BHOOMIKA D AGED ABOUT 26 YEARS D/O DODDARAJU R/AT HALEURU VILLAGE BAILAKUPPE POST PIRIYAPATTANA TALUK MYSURU DISTRICT - 571 107 AT PRESENT RESIDING AT NO.419 1ST FLOOR, 1ST MAIN, 1ST CROSS GANDHINAGARA, YELAHANKA OLD TOWN, BANGALORE - 560 009. …PETITIONER (BY SRI MOHANA CHANDRA P, ADV.) AND: STATE OF KARNATAKA BY MANCHENAHALLI POLICE STATION MANCHENAHALLI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP A/W SRI VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10057 CRL.P No. 2933 of 2025 C/W CRL.P No. 2938 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HER ARREST BY THE POLICE IN CONNECTION WITH CR.NO.15/2025 OF MANCHEHALLI POLICE STATION FOR THE OFFENCE P/U/S 108, 3(5) OF BNS, 2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR. IN CRL.P NO. 2938/2025: BETWEEN: MR. PUTTARAJU N.K AGED ABOUT 30 YEARS S/O KRISHNAIAH R/AT NAVILURU VILLAGE ALANAHALLI POST, PIRIYAPATTANA TALUK, MYSURU DISTRICT - 571 107 WORKING AT DEVARAJA POLICE STATION, MYSURU CITY. ...PETITIONER (BY SRI MOHANA CHANDRA P, ADV.) AND: STATE OF KARNATAKA BY MANCHENAHALLI POLICE STATION MANCHENAHALLI REPRESENTED BY THE STATE PUBLIC PROSECUTOR AMBEDKAR VEEDHI BANGALORE - 560 001. ...RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST BY THE - 3 - NC: 2025:KHC:10057 CRL.P No. 2933 of 2025 C/W CRL.P No. 2938 of 2025 POLICE IN CONNECTION WITH CR.NO.15/2025 OF MANCHEHALLI POLICE STATION FOR THE OFFENCE P/U/S 108, 3(5) OF BNS 2023 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDNUR. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.15/2025 registered by Manchenalli Police Station, Chickballapura, for the offences punishable under Sections 108 read with Section 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 482 of BNSS, 2023, and therefore, they are heard together and disposed of by this common order. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.15/2025 was registered by Manchenalli Police Station, Chickballapura, for the aforesaid offences against petitioners herein based on the first information dated 17.01.2025 received from Smt. Saraswathamma, mother of deceased Srikanth. Apprehending arrest in the said case, petitioners has filed Crl.Misc.No.48/2025 and - 4 - NC: 2025:KHC:10057 CRL.P No. 2933 of 2025 C/W CRL.P No. 2938 of 2025 Crl.Misc.No.47/2025 before the jurisdictional Sessions Court which were rejected on 30.01.2025. Therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners submits that there is an inordinate delay of nearly 45 days in submitting the first information. Even if the allegations found in the first information are presumed to be true, offence punishable under Section 108 of BNS, 2023, cannot be made out against the petitioners who have no other criminal antecedents. 5. Per contra, learned HCGP has opposed the petitions on the ground that investigation in the case is under progress and custodial interrogation of the petitioners is required. 6. In the first information which was submitted on 17.01.2025, it is alleged that first information's son Srikanth and accused No.1 Bhoomika were working together in Sai Gold Palace at Yelahanka, Bengaluru. It is alleged that accused Nos.1 and 2 had threatened Srikanth and had taken money and gold jewelry from him. Therefore, Srikanth was depressed and on 03.12.2024, he had committed suicide by hanging himself. Though Srikanth had died on 03.12.2024 itself, first information - 5 - NC: 2025:KHC:10057 CRL.P No. 2933 of 2025 C/W CRL.P No. 2938 of 2025 is belatedly filed on 17.01.2025 which is after a lapse of nearly 45 days. Further, in the first information, there is no specific allegation of any act committed by the accused persons which had abetted or instigated the deceased to commit suicide. Omnibus allegation is made against accused persons that they had received gold and money from the deceased and thereafter, they were torturing him. Undisputedly, petitioners do not have any criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Therefore, I am of the opinion that their prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.15/2025 registered by Manchenalli Police Station, Chickballapura, for the offences punishable under Sections 108 read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer on 26.03.2025 between 10.00 a.m. and 11.00 a.m. and if necessary, the - 6 - NC: 2025:KHC:10057 CRL.P No. 2933 of 2025 C/W CRL.P No. 2938 of 2025 Investigating Officer is at liberty to take custody of the petitioners on the said date for the purpose of interrogation and release them on the same day on or before 06.00 p.m. upon petitioners executing a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN