- 1 - HC-KAR NC: 2025:KHC:18546 CRL.P No. 7017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7017 OF 2025 BETWEEN: 1. ZABIULLA S/O KAREEM BAIG AGED ABOUT 53 YEARS R/O AZAAM DAIR DONABAGHATTA VILLAGE BHADRAVATHI TALUK SHIVAMOGGAA DISTRICT - 577 229. 2. SMT. ASIYA BANU W/O ZABIULLA AGED ABOUT 40 YEARS OCC ANGANAWADI TEACHER HOUSE WIFE, R/O AZAAM DAIRA NECHA MOHALLA DONABAGHATTA VILLAGE BHADRAVATHI TALUK SHIVAMOGGAA DISTRICT - 577 229. 3. UMME NOORAIN D/O ZABIULLA AGED ABOUT 20 YEARS STUDENT, R/O AZAAM DAIR DONABAGHATTA VILLAGE BHADRAVATHI TALUKA SHIVAMOGGAA DISTRICT - 577 229. 4. SMT. HASEENA BANU Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18546 CRL.P No. 7017 of 2025 W/O KALEEM MIYAN AGED ABOUT 43 YEARS OCC: HOUSEWIFE R/O NEW MOHALLA DONABAGHATTA VILLAGE BHADRAVATHI TALUKA SHIVAMOGGAA DISTRICT - 577 229. 5. NASRULLA S/O ABDUL SATTAR AGED ABOUT 33YES R/O AZAD CHOCK NECHAMOHALLA DONABAGHATTA VILLAGE BHDRAVATHI TALUKA SHIVAMOGGA DISTRICT - 577 229. …PETITIONERS (BY SRI RAVINDRA B DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA BY BHADRAVATHI RURAL POLICE STATION BHADRAVATHI SUB-DIVISION SHIVAMOGGA DISTRICT - 577 301 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE CONCERNED POLICE OF BHADRAVATHI RURAL P.S., TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.61/2025 OF BHADRAVATHI RURAL P.S., SHIVAMGOGGA DISTRICT, FOR THE OFFENCES P/U/S 329(4),118(1),115(2),352,108 R/W 190 OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND - 3 - HC-KAR NC: 2025:KHC:18546 CRL.P No. 7017 of 2025 CJM COURT, BHADRAVATHI, SHIVAMOGGA DISTRICT, IN THE EVENT OF THE ARREST WITH SUCH CONDITIONS WHICH THIS HONBLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE. 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 and 4 to 6 in Crime No.61/2025 registered by Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 329(4), 118(1), 115(2), 352, 108 and 190 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.61/2025 was registered by Bhadravathi Rural Police Station, Shivamogga, for the aforesaid offences against petitioners and another based on the first information dated 28.03.2025 received from Nayaz, who is the son of deceased Naseer Baig. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.5101/2025 before jurisdictional - 4 - HC-KAR NC: 2025:KHC:18546 CRL.P No. 7017 of 2025 Sessions Court which was rejected on 22.04.2025. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that petitioners and deceased are close relatives. It appears that there was some financial transaction between deceased and accused No.1. It also appears that there was a proposal for the marriage of the daughter of accused No.1 with the first informant but subsequently, said proposal had failed and it appears that accused No.1 had thereafter refused to pay the money which he was due to pay to the deceased. On 27.03.2025, accused persons allegedly came to the house of deceased and after quarrelling with him, accused No.3 allegedly had assaulted the deceased on his head and all the accused persons allegedly asked deceased Naseer Baig to go and die. On the night of 27.03.2025 at about 09.00 p.m., Naseer Baig had committed suicide by hanging himself and it is in this background, his son had approached the police on 28.03.2025 and based on his first information, FIR has been registered in Crime No.61/2025 against petitioners and accused No.3 for the aforesaid offences. - 5 - HC-KAR NC: 2025:KHC:18546 CRL.P No. 7017 of 2025 5. From a reading of the averments found in the first information, it is apparent that necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023, is prima facie absent. For the purpose of invoking the offence punishable under Section 108 of BNS, 2023, there should be some material which would prima facie go to show that act committed by accused person has aided, instigated or abetted the deceased to commit suicide. Such material is prima facie not found in the first information in the present case and therefore, I am of the opinion that the prayer made by the petitioners, who have no other criminal antecedents, for grant of anticipatory bail, needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. 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.61/2025 registered by Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 329(4), 118(1), 115(2), 352, 108 and 190 of BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:18546 CRL.P No. 7017 of 2025 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 witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN