- 1 - NC: 2025:KHC:16717 CRL.P No. 5624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5624 OF 2025 BETWEEN: SRI. RATHEESH KUMAR B.D AGED ABOUT 22 YEARS, S/O LATE DAYANANDA, R/AT APMC NO.3-222/21, SOOTRABETTU HOUSE, PUTTUR TALUK, D.K - 574 201. …PETITIONER (BY SRI. SUYOG HERELE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH SULLIA POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA BUILDING BENGALURU - 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 DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.28/2025 ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC COURT SULLIA, D K DISTRICT REGISTERED BY SULLIA POLICE STATION, FOR THE OFFENCES ALLEGED UNDER SECTION 108 OF BNS, 2023. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16717 CRL.P No. 5624 of 2025 ORAL ORDER Accused No.1 in Crime No.28/2025 registered by Sullia Police Station, Dakshina Kannada District, for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard. 3. FIR in Crime No.28/2025 was registered by Sullia Police Station, Dakshina Kannada District for the aforesaid offence against the petitioner and another, based on the first information dated 27.02.2025 received from Siddappa Shivappa Nidoni, who is the alleged the father of deceased Krithika Siddappa Shivappa Nidoni. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5036/2025 before the Jurisdictional Sessions Court, which was rejected on 15.03.2025. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that deceased Krithika, as well as the petitioner herein were students studying their BDS course in KVG Dental College, Sullia, Dakshina Kannada District. Deceased had committed - 3 - NC: 2025:KHC:16717 CRL.P No. 5624 of 2025 suicide on 26.02.2025. First information is submitted on 27.02.2025 alleging that petitioner, who was studying in the very same college where deceased was studying allegedly was torturing and threatening her. The deceased had committed suicide unable to withstand the torture and continuous pestering by the petitioner. In the first information it is also alleged that accused No.2, who is the warden of the hostel had failed to bring this aspect of the matter to the notice of concerned authorities and it is in this background, FIR has been registered against accused Nos.1 and 2. Accused No.1, who is the petitioner in the present case is undisputedly a student, aged about 22 years. There is no such allegations in the FIR about any specific act committed by the petitioner immediately prior to deceased committing suicide, which would have either abetted or instigated her to commit suicide. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner herein for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 4 - NC: 2025:KHC:16717 CRL.P No. 5624 of 2025 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of their arrest in Crime No.28/2025 registered by Sullia Police Station, Dakshina Kannada District, for the offence punishable under Section 108 of the 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 BH List No.: 1 Sl No.: 62