- 1 - NC: 2025:KHC:15817 CRL.P No. 5027 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5027 OF 2025 BETWEEN: 1. SRI MURALI V S/O VENKATESHAPPA AGED ABOUT 31 YEARS. 2. SMT. SUSHMITHA W/O MURALI. V AGED ABOUT 25 YEARS. BOTH ARE RESIDING AT NO.62 GOPASANDRA VILLAGE MUTHANALLUR POST SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT BANGALORE- 560 099. …PETITIONERS (BY SRI SHARATH CHANDRA J, ADV.) AND: THE STATE OF KARNATAKA BY SURYANAGAR P S REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL, DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.83/2025 OF SURYANAGAR P.S ON THE FILE OF 2ND ADDL.CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, ANEKAL, BANGALORE RURAL DISTRICT FOR THE O/P/U/S 108 OF THE BNS, 2023. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15817 CRL.P No. 5027 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 Accused Nos.1 and 2 in Crime No.83/2025 registered by Suryanagar Police Station, Bengaluru District for the offence punishable Section 108 of BNS, 2023 are 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.83/2025 was registered by Suryanagar Police Station, Bengaluru District against the petitioner and another for the aforesaid offences, on the basis of first information dated 24.02.2025 received from Smt. Radha, who is the wife of deceased Balaraju. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.5111/2025 before the jurisdictional Sessions Court, which was rejected on 18.03.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:15817 CRL.P No. 5027 of 2025 4. Perusal of the material on record would go to show that, the petitioners are the owners of the house in which deceased and his wife were residing . Deceased had committed suicide on 03.02.2025. Belatedly FIR was submitted on 24.02.2025 , wherein it is stated that the first informant suspected that the petitioners are the cause for the death of her husband. Except the same there is no other allegation found as against the petitioners herein, who are arraigned as accused Nos.1 and 2 in the FIR. 5. Necessary ingredients so as to invoke Section 108 of BNS, 2023 is conspicuously absent in the FIR. Undisputedly, the petitioners do not have any criminal antecedents. The petitioners have undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that the petitioners have made out a case for grant of anticipatory. Accordingly, the following: ORDER The Criminal Petition is allowed. - 4 - NC: 2025:KHC:15817 CRL.P No. 5027 of 2025 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.83/2025 registered by Suryanagar Police Station, Bengaluru District for the offence punishable Section 108 of 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/- (Rupees One Lakh only) 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:15817 CRL.P No. 5027 of 2025 4. The petitioners shall not involve in similar offences in future Sd/- (S VISHWAJITH SHETTY) JUDGE NMS