- 1 - HC-KAR NC: 2025:KHC:19982 CRL.P No. 6853 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6853 OF 2025 BETWEEN: 1. SMT. SHWETHA W/O LATE VASANTHA KUMAR K.S AGED ABOUT 31 YEARS R/AT BASHETTIHALLI VEERAPURA VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT. 2. SMT. SURYAKALA W/O LATE MUNIMYLARAPPA AGED ABOUT 51 YEARS R/AT NO.1135, 2ND MAIN 7TH CROSS, MAHESHWARI NAGARA T DASARAHALLI, BENGALURU - 560 057. …PETITIONERS (BY SRI V. VISWANATH SETTY, ADV.) AND: THE STATE BY DODDABALLAPURA RURAL P.S. DODDABALLAPURA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR ROAD BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19982 CRL.P No. 6853 of 2025 PETITIONERS ARE APPREHENDED IN CR.NO.118/2024, FOR THE OFFENCE P/U/S 108,3(5) OF BNS, 2023, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC, DODDABALLAPURA, BY GRANTING ANTICIPATORY BAIL. 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 nos.1 & 2 in Crime No.118/2025 registered by Doddaballapura Rural Police Station, Bengaluru District, for the offences punishable under Sections 108, 3(5) 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.118/2025 was registered by Doddaballapura Rural Police Station, Bengaluru District, for the aforesaid offences against the petitioners herein, based on the first information dated 31.03.2025 received from Siddaraju - father of deceased Vasanth Kumar. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.10067/2025 before the - 3 - HC-KAR NC: 2025:KHC:19982 CRL.P No. 6853 of 2025 jurisdictional Sessions Court, which was rejected on 22.04.2025. Therefore, he is before this Court. 4. Perusal of the material on the record would go to show that petitioners are the wife and mother-in-law of deceased Vasanth Kumar. It appears that deceased was suspecting the character of his wife and they were regularly quarreling. In the first information, it is alleged that the wife had approached the police and had filed complaint against her husband. Subsequent to the same, on 30.03.2025, Vasanth Kumar who is the husband of accused no.1 had committed suicide by hanging. The allegation in the first information is that in view of the illicit relationship of accused no.1 and also because of she filing a false complaint, the deceased had committed suicide. There is no such mention of any act committed by the accused persons immediately prior to deceased committing suicide, and therefore, prima facie necessary ingredient so as to invoke the offence under Section 108 of BNS, 2023, is not found in the first information. Petitioners are married ladies having no criminal antecedents. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is - 4 - HC-KAR NC: 2025:KHC:19982 CRL.P No. 6853 of 2025 required 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 their arrest in Crime No.118/2025 registered by Doddaballapura Rural Police Station, Bengaluru District, for the offences punishable under Sections 108, 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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 - HC-KAR NC: 2025:KHC:19982 CRL.P No. 6853 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK