- 1 - NC: 2025:KHC:13287 CRL.P No. 3678 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3678 OF 2025 BETWEEN: SHUBHAM CHOUDHARY AGED 29 YEARS S/O SRI KISHORE KUMAR CHOUDHARY R/A 402, KARPURA PRATHIBA PALACE, NEHRU NAGAR, ROAD NO.2, PATNA, BIHAR - 800 013 CURRENTLY RESIDING AT SRINISVASAM NILAYAM, 1ST MAIN 1ST CROSS, LAKSHMINARAYANANA TEMPLE, MUNNEKOLALU, MARTHAHALLI POST, BENGALURU - 560 037. …PETITIONER (BY SRI ABHISHEK R HUDDAR, ADV., FOR SRI PONNANNA M.B, ADV.) AND: STATE OF KARNATAKA REP BY SPP, HIGH COURT GOVT. PLEADER HIGH COURT OF KARNATAKA BY MICO LAYOUT POLICE STATION 16TH MAIN RD, LAKSHMI LAYOUT MCHS COLONY, BTM 2ND STAGE BTM LAYOUT, BENGALURU - 560 076. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13287 CRL.P No. 3678 of 2025 RESPONDENT POLICE OR ANY OTHER POLICE OFFICER WHO IS INVESTIGATING THE CASE IN CR.NO.36/2025 FILED BY MICO LAYOUT POLICE STATION AGAINST THE PETITIONER U/S.108 OB BNSS, REGISTERED BEFORE THE HONBLE CHIEF METROPOLITAN MAGISTRATE, BENGALURU. 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 in Crime No.36/2025 registered by Mico Layout Police Station, Bengaluru, for the 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.36/2025 was registered by Mico Layout Police Station, Bengaluru, for the aforesaid offence against petitioner herein based on the first information dated 28.01.2025 received from Rakesh Kumar Singh, father of deceased Shweta Singh, aged about 29 years. Apprehending arrest in the case, petitioner has filed Crl.Misc.No.1078/2025 before the jurisdictional Sessions Court which was rejected on 25.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:13287 CRL.P No. 3678 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the material on record would go to show that victim girl had committed suicide by hanging herself on 05.01.2025 and after coming to know about the incident first informant had reached Bengaluru and he also had approached the police on the next date i.e., on 06.01.2024. In the first information which is belatedly submitted on 28.01.2025, first informant has specifically mentioned that his daughter had previously informed him that she was being mentally harassed by the petitioner herein, who ultimately provoked her into committing suicide. If the first informant was informed by his daughter, who had committed suicide on 05.01.2025 about mental harassment caused to her by the petitioner, he would have submitted a complaint against petitioner immediately after he reached Bengaluru, but he has filed a complaint against petitioner belatedly on 28.01.2025, which is after lapse of about 23 days from the date of victim committing suicide. It is the specific case of the petitioner that petitioner and the - 4 - NC: 2025:KHC:13287 CRL.P No. 3678 of 2025 victim girl were in love and her parents were not agreeable for their marriage. Considering the aforesaid aspects of the matter and also having regard to inordinate delay in approaching the police, 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:- 7. The 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.36/2025 registered by Mico Layout Police Station, Bengaluru, for the offence punishable under Section 108 of BNS, 2023, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - NC: 2025:KHC:13287 CRL.P No. 3678 of 2025 3. 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN