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2025 DAILYLAW 26514 (KAR)

SRI. KIRANA @ KIRAN RATHOD v. STATE OF KARNATAKA

CRL.P/6976/2025 · 2025-05-29

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18445 CRL.P No. 6976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 6976 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. SRI. KIRANA @ KIRAN RATHOD, S/O DHANU NAYAK RATHOD, AGED ABOUT 33 YEARS, R/AT 8/1545/15/7A, FILTER BED ROAD, NEAR SEVALAL TEMPLE, SEVALAL NAGAR, GB N GUNJ, GULBARGA-585104. 2. SRI MAREPP JANE @ MAREPPA, S/O MALLESH, AGED ABOUT 41 YEARS, R/AT SINDAGI H SINDAGI POST, KALBURAGI-585103. …PETITIONERS (BY SRI. SANMUKH REDDY, ADVOCATE) AND: STATE OF KARNATAKA, BY BILIKERE P S REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, AT HIGH COURT OF KARNATAKA BUILDING BANGALORE-560001 …RESPONDENT (BY SRI. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S. 438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18445 CRL.P No. 6976 of 2025 HONOURABLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL TO THEM IN THE EVENT OF THEIR ARREST IN CRIME NO.116/2025 OF THE RESPONDENT BILIKERE POLICE STATION WHICH IS REGISTERED FOR OFFENCE U/S.108 OF BNS 2023(306 IPC) WHICH IS PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT AT HUNSUR, MYSURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following relief: " WHEREFORE, the above named petitioners (accused Nos.1 and 2) most respectfully pray that, this Hon’ble court be pleased to grant Anticipatory bail to them in the event of their arrest in Crime No.0116/2025 of the respondent Bilikere police station, which is registered for offences under sections 108 of the Bharatiya Nyaya Sanhita-2023 which is pending on the file of Addl. Civil Judge (Jr.Dn) and JMFC Court at Hunsur, Mysore District, on such terms and conditions in the above case in the ends of justice." 2. Cr.No.116/2025 has been registered by the Bilikere Police Station under Section 108 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on the ground that - 3 - HC-KAR NC: 2025:KHC:18445 CRL.P No. 6976 of 2025 due to the demands made by the petitioners of the loan advanced to the deceased, the deceased has committed suicide and as such the petitioners have abetted the said suicide. 3. Even the said allegation if taken on face value, I am of the considered opinion that the petitioners are not required for any custodial interrogation and the investigation can proceed without the petitioners being in custody. 4. Taking into consideration that the petitioners are permanent resident of GBN Gunj, Gulbarga and Kalburgi Districts having movable and immovable property, this Court is of the opinion that the petitioner be enlarged on bail by imposing necessary conditions. Accordingly, the following: ORDER The anticipatory bail petition filed under Section 438 of Cr.P.C. is allowed. The petitioners are ordered to be - 4 - HC-KAR NC: 2025:KHC:18445 CRL.P No. 6976 of 2025 released on bail in the event of their arrest in Cr.No.116/2025 pending on the file of Addl. Civil Judge(Jr.Dn) and JMFC. Court at Hunsur, Mysore District on the following conditions: i. The petitioners shall appear and surrender before Addl. Civil Judge(Jr.Dn) and JMFC. Court at Hunsur, Mysore District within ten days from the date of receipt of the certified copy of this order and shall furnish a personal bond for a sum of Rs.50,000/- each with surety for the likesum to the satisfaction of the said court. ii. The petitioners shall appear before the trial court regularly on the appointed dates; iii. The petitioners shall furnish list of movable and immovable property held by them to the said Court. iv. The petitioners shall not tamper with evidence or cause any threat to any of the prosecution witness/s in any manner. - 5 - HC-KAR NC: 2025:KHC:18445 CRL.P No. 6976 of 2025 v. The Petitioners shall co-operate with the completion of the investigation as expeditiously as possible. vi. The petitioners shall furnish their mobile numbers, WhatsApp numbers, E-mail IDs(if available), to enable them to be contacted. They are directed not to change any of the above until completion of trial. Sd/- (SURAJ GOVINDARAJ) JUDGE BN List No.: 2 Sl No.: 49