- 1 - NC: 2025:KHC:11530 CRL.P No. 3427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3427 OF 2025 BETWEEN: 1. SRI HARSHA M.P S/O MOHAN PRASAD P AGED ABOUT 31 YEARS RESIDING AT NO.15, 2ND CROSS NEAR MARUTHI SCHOOL MARUTHI NAGARA, KAMAKSHIPALY BENGALURU - 560 079. 2. SRI DARSHAN B @ PANDU S/O S BALASUBRAMANYAM AGED ABOUT 27 YEARS RESIDING AT NO.15, 2ND CROSS NEAR MARUTHI SCHOOL MARUTHI NAGARA KAMAKSHIPALY BENGALURU - 560 079. …PETITIONERS (BY SRI VENKATAREDDY N, ADV.) AND: STATE BY ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU ALSO AT REP BY ITS STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX OFFICE AT BENGALURU 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11530 CRL.P No. 3427 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT AN ANTICIPATORY BAIL IN CRIME NO.488/2024, REGISTERED BY THE ANNAPOORNESHWARI NAGAR POLICE STATION, PENDING ON THE FILE OF THE HONBLE VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY FOR THE ALLEGED O/P/U/S 108 AND 3(5) OF THE BNS, 2023. 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.5 and 6 in Crime No.488/2024 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for the offences punishable Sections 108 and 3(5) of the BNS, 2023 are before this Court under Section 482 of BNSS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.488/2024 was registered by Annapoorneshwari Nagar Police Station, Bengaluru City against Ganga and five others on the basis of first information dated 24.12.2024 received from Sri R.R Shashikanth, who is the father of deceased Nithesh. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.940/2025 before the jurisdictional Sessions Court, which was rejected on 11.02.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:11530 CRL.P No. 3427 of 2025 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, the learned Addl. SPP has opposed the bail petition. He submits that specific allegations are found in the first information against the petitioners herein and therefore, their custodial interrogation is necessary. Accordingly, she prays to dismiss the petition. 6. A perusal of the averments found in the first information would reveal that deceased had borrowed certain amount from the accused persons and it appears that since they were making demand for repayment of the said amount, the deceased had committed suicide. For the purpose of attracting the offence punishable under Section 108 of BNS, 2023, the alleged act committed by the petitioners should have either abetted or aided the deceased to commit suicide. There is no such allegation found in the first information about any such act committed by the accused persons, which had either aided or abetted the deceased to commit suicide. Under these circumstances, I am of the opinion that the petitioners have - 4 - NC: 2025:KHC:11530 CRL.P No. 3427 of 2025 made out a case for grant of anticipatory bail. Accordingly, the following order:- 7. 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.488/2024 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for the offences punishable Sections 108 and 3(5) of the BNS, 2023 subject to the following conditions:- 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. - 5 - NC: 2025:KHC:11530 CRL.P No. 3427 of 2025 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE DN