Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11007 CRL.P No. 3122 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3122 OF 2025 BETWEEN:
1. SMT. MEGHANA K.K AGED ABOUT 24 YEARS W/O. THEJA. 2. SRI THEJA H.S AGED ABOUT 27 YEARS S/O. SHIVANNA PERMANENT RESIDENTS OF HIRIKYATHANAHALLI VILLAGE AND POST, GAVADAGERE HOBLI HUNASURU TALUK MYSURU DISTRICT - 560 068. …PETITIONERS (BY SRI PRUTHVEEN PRALHAD KATTIMANI, ADV.) AND:
STATE OF KARNATAKA BY PSI, SALIGRAMA POLICE STATION, SALIGRAMA TALUK HUNASURU, MYSURU DISTRICT - 561 604 REPT. BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO SET ASIDE ORDER DATED 17.02.2025 MADE BY THE LEARNED VIII ADDL. DISTRICT AND SESSIONS JUDGE, HUNSUR IN CRL.MISC.NO.5038/2025 AND ALLOW THE PETITION AND ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.07/2025 REGISTERED BY THE RESPONDENT SALIGRAMA POLICE STATION FOR OFFENCE U/S. 108 AND 3(2) OF BHARATIYA NYAYA SANHITA. Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:11007 CRL.P No. 3122 of 2025
THIS PETITION, 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 & 2 in Crime No.7/2025 registered by Saligrama Police Station, Mysuru District, for the offences punishable under Sections 108 read with 3(5) 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.7/2025 was registered by Saligrama Police Station, Mysuru District, against the petitioners herein for the aforesaid offences based on the first information dated 12.01.2025 received from Komala who is the sister of deceased Manjunath. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.5038/2025 before the jurisdictional Sessions Court, which was rejected on 17.02.2025. Therefore, they are before this Court. 4. Perusal of the first information would go to show that it is alleged that petitioners herein had borrowed money from the
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NC: 2025:KHC:11007 CRL.P No. 3122 of 2025
deceased Manjunath to the tune of Rs.18 lakhs and they had failed to repay the said amount.
Efforts made by Manjunath to recover the money from the petitioners had failed and it is alleged that it is in this background, Manjunath had committed suicide after leaving behind a death note in his mobile phone. In the first information itself, it is alleged that Manjunath had given the aforesaid amount to the petitioners herein about two years earlier, which would prima facie go to show that the petitioners are allegedly due to pay Manjunath for the last two years. There is no such alleged incident in the present case said to have taken place immediately prior to Manjunath committing suicide which would have instigated or abetted him to commit suicide. Petitioner no.1 is the wife of petitioner no.2 and undisputedly they do not have criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners prayer for grant of anticipatory bail requires to answered affirmatively. Accordingly, the following order:
5. The petition is 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.7/2025
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NC: 2025:KHC:11007 CRL.P No. 3122 of 2025
registered by Saligrama Police Station, Mysuru District, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, subject to the following conditions:
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute 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 witness 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
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