- 1 - NC: 2025:KHC:17851 CRL.P No. 6144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6144 OF 2025 BETWEEN: PRABHU M S/O MANJUNATH AGED ABOUT 28 YEARS RESIDING AT NO.57 AMBEDKAR NAGAR YESHWANTHAPURA BENGALURU - 560 022. …PETITIONER (BY SRI JAGADEESHMURTHY K.M, ADV.) AND: STATE OF KARNATAKA BY SHO, YESHWANTHAPURA PS BENGALURU - 560 022 REPTD. BY HIGH COURT GOVT. PLEADER HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.41/2025 REGISTERED BY THE RESPONDENT POLICE IN YESHWANTHPURA P.S., BENGALURU, FOR THE OFFENCES P/U/S 108 OF BNSS, PENDING ON THE FILE OF HONBLE 8th ACJM COURT, BENGALURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17851 CRL.P No. 6144 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.41/2025 registered by Yeshwanthapura Police Station, Bengaluru City, for the offences 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.41/2025 was registered by Yeshwanthapura Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences based on the first information dated 09.02.2025 received from Prabhu.N., S/o late Narayanaswamy – father of deceased Ascharya. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.1402/2025 before the jurisdictional Sessions Court, which was rejected on 17.03.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the marriage of the petitioner with the deceased was a love marriage. She has died in her parents house. After the death of his wife, petitioner has - 3 - NC: 2025:KHC:17851 CRL.P No. 6144 of 2025 lodged a separate complaint before the Commissioner of Police, Bengaluru, making allegations against the first informant in the present case. Petitioner has no criminal antecedents, and accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has seriously opposed the petition. She submits that petitioner has ill-treated his wife and minor daughter in his house, and thereafter, he also has abused and assaulted his wife in her parents house, and therefore, she has committed suicide. Considering the nature of allegations, his custodial interrogation is necessary in the present case. 6. Perusal of the material on record would go to show that the marriage of the petitioner with the deceased who is the daughter of the first informant was performed about five years prior to the registration of first information and the said marriage was a love marriage. In the first information, it is alleged that the deceased had left her house and had gone to the petitioner and married him. In the month of September 2024, deceased and her minor daughter aged about three years had returned to her parents house and the minor - 4 - NC: 2025:KHC:17851 CRL.P No. 6144 of 2025 daughter had injuries on her body. The deceased had informed her parents that the petitioner was in the habit of consuming alcohol, and thereafter, was abusing and assaulting his wife and minor child. Subsequently, the first informant had provided a separate rented house to his daughter and the petitioner herein, and the minor daughter of the deceased and the petitioner continued to stay in the house of the first information. Deceased used to come to her parents house to see her minor child and on 03.02.2025 also she had come to her parents house and had stayed there. On 06.02.2025, petitioner who came to the house of the first informant allegedly abused the deceased using filthy language touching her chastity and also assaulted her. The deceased, therefore, immediately locked herself inside a room and attempted to commit suicide by hanging herself, and immediately thereafter, the door of the room was opened and Ascharya was brought down and subsequently shifted to the hospital, where she had breathed her last on 08.02.2025. The first information is subsequently filed on 09.02.2025. 7. From the aforesaid, it is apparent that the petitioner has committed certain acts immediately prior to the deceased - 5 - NC: 2025:KHC:17851 CRL.P No. 6144 of 2025 committing suicide and he had abused her using filthy language touching her chastity. Therefore, at this stage, it cannot be said that there are no necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023, against the petitioner. Petitioner who is absconding in the case, has subsequently filed a complaint belatedly before the Commissioner of Police on 25.03.2025, which would go to show that it is an after thought. There is absolutely no material to show that immediately after Ascharya tried to commit suicide, petitioner had approached the police. Considering the aforesaid aspects of the matter, I am of the opinion that this is not a fit case to grant the discretionary relief of anticipatory bail to the petitioner. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK