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2025 DAILYLAW 20936 (KAR)

SRI VENKATESH K S @ VENKY v. THE STATE BY

CRL.P/3900/2025 · 2025-03-26

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:12907 CRL.P No. 3900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3900 OF 2025 BETWEEN: SRI VENKATESH K.S @ VENKY S/O SRINIVASA K.G AGED ABOUT 29 YEARS R/AT NEAR HATTIMARAMMA TEMPLE, SHETTIHALLI TUMAKURU PIN - 572 102. …PETITIONER (BY SRI MADHUSUDHAN M.N, ADV.) AND: THE STATE BY KYATHASANDRA POLICE STATION AT KYATHASANDRA TUMAKURU TALUK AND DISTRICT PIN - 572 102, IT'S REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, 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 RESPONDENT POLICE IN CRIME NO.56/2025 DATED 21.02.2025 REGISTERED BY THE RESPONDENT POLICE/KYATHASANDRA POLICE STATION AT KYATHASANDRA WITH REGARD TO THE OFFENCE P/US/ 108 OF BNSS 2023 WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12907 CRL.P No. 3900 of 2025 (Jr.Dn.) AND JMFC COURT AT TUMAKURU, TUMAKURU DISTRICT. 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 No.4 in Crime No.56/2025 registered by Kyathasandra Police Station, Tumakuru, 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.56/2025 was registered by Kyathasandra Police Station, Tumakuru, for the aforesaid offence against Suprim and others based on the first information dated 21.02.2025 received from Shashikala, who is the wife of deceased Anjan Murthy. Apprehending arrest in the said case, petitioner who was arraigned as accused No.4 in the first information had filed Crl.Misc.No.273/2025 before the jurisdictional Sessions Court which was dismissed on 07.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:12907 CRL.P No. 3900 of 2025 4. A perusal of the material on record would go to show that deceased appears to have borrowed money from various people and before committing suicide, he had recorded video in his mobile phone wherein he has allegedly stated that persons from whom he had borrowed money were demanding repayment of the same and since he was not in a position to repay the money, he was committing suicide. Accused No.3/Prasanna Kumar, who was arrested in the present case was granted regular bail by this Court in Crl.P.No.3467/2025. Considering the averments found in the first information, a serious doubt arises whether necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023, has been made out in the present case. Petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, 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;- 5. 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.56/2025 - 4 - NC: 2025:KHC:12907 CRL.P No. 3900 of 2025 registered by Kyathasandra Police Station, Tumakuru, 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. 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