- 1 - NC: 2025:KHC:13809 CRL.P No.3832/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3832/2025 BETWEEN: SMT. KAVYASHRI B.S. W/O MANJUNATHA AGE 31 YEARS RESIDING AT SALE JANAGAL KUKKE POST, THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT SHIVAMOGGA-577 232. …PETITIONER (BY SRI. RAGHAVENDRA A.V. ADV.,) AND: STATE OF KARNATAKA BY MALUR POLICE STATION THIRTHAHALLI SHIVAMOGGA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER, DIRECTING THE I.O IN CR.NO.18/2025 OF MALUR P.S. THIRTHAHALLI AT SHIVAMOGGA AND ALSO PENDING BEFORE THE HONBLE 1ST ADDL.CIVIL JUDGE AND J.M.F.C COURT THIRTHAHALLI AT SHIVAMOGGA TO RELEASE HER ON BAIL IN THE EVENT OF ARREST, REGISTERED FOR THE ALLEGED OFFENCE P/U/S 352, 115(2), 74, 108, 329(4), 324(5), 351(2), 54 R/W 190 OF BNS ACT 2023 IN THE ENDS OF JUSTICE. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:13809 CRL.P No.3832/2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.18/2025 registered by Malur Police Station, Shivamogga, for the offences punishable under Sections 352, 115(2), 74, 108, 329(4), 324(5), 351(2), 54 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.18/2025 was registered by Malur Police Station, Shivamogga, against the petitioner and others for the aforesaid offences based on the first information dated 31.01.2025 received by Smt.Sushilamma, mother of the deceased Manjunath. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.112/2025 before the Jurisdictional Sessions - 3 - NC: 2025:KHC:13809 CRL.P No.3832/2025 Court, which was dismissed as against her on 18.02.2025. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the petitioner is the wife of deceased Manjunath. It appears that relationship of the petitioner with the deceased was strained and petitioner had approached Malur police station, Shivamogga on 30.01.2025 and based on first information, FIR in Crime.No.17/2025 was registered by Malur police station, Shivamogga against Manjunath for the offences punishable under Sections 85, 352, 74, 118(1), 115(2), 351(2), 54 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. It is only after FIR was registered against him in Crime.No.17/2025, Manjunath had committed suicide and subsequently his mother has filed the present case against the petitioner and others. 5. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer of the petitioner for - 4 - NC: 2025:KHC:13809 CRL.P No.3832/2025 grant of anticipatory bail is required to be answered in the affirmative. Accordingly, the following: ORDER 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.18/2025 registered by Malur Police Station, Shivamogga, for the offences punishable under Sections 352, 115(2), 74, 108, 329(4), 324(5), 351(2), 54 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 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. - 5 - NC: 2025:KHC:13809 CRL.P No.3832/2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 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 ABK List No.: 1 Sl No.: 58