- 1 - HC-KAR NC: 2025:KHC:19332 CRL.P No. 7062 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7062 OF 2025 BETWEEN: 1. HIRIYANNA BOVI S/O THIMMA BOVI AGED ABOUT 30 YEARS OCC AGRICULTURE R/O BOVI COLONY SINDHIGERE POST LAKYA HOBLI CHIKKAMAGALURU TALUK CHIKKAMANGALURU DISTRICT - 577 146. 2. LAKSHMANA BOVI B.R S/O RAMA BOVI AGED ABOUT 33 YEARS OCC AGRICULTURE R/O BOVI COLONY SINDHIGERE POST LAKYA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMANGALURU DISTRICT - 577 146. …PETITIONERS (BY SRI P.B.UMESH, ADV., FOR SRI R.B.DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU DISTRICT - 577 102, (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19332 CRL.P No. 7062 of 2025 (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE CONCERNED POLICE OF CHIKKAMAGALURU RURAL POLICE STATION TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.111/2025 OF CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU (REGISTERED FOR THE OFFENCE P/US/ 108 R/W SEC.3(5) OF BNS 2023 (CORRESPONDING SEC.306 R/W SEC.34 OF IPC) NOW PENDING ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND JMFC CHIKKAMAGALURU) IN THE EVENT OF THE ARREST WITH SUCH CONDITIONS WHICH THIS HONBLE HIGH COURT DEEMS FITS TO BE IMPOSED IN THE CIRCUMSTANCE 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 Accused Nos.1 and 2 in Crime No.111/2025 registered by Chikkamagaluru Rural Police Station, Chikkamagaluru District for the offence punishable under Sections 108 R/w 3(5) of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.111/2025 was registered by Chikkamagaluru Rural Police Station, Chikkamagaluru - 3 - HC-KAR NC: 2025:KHC:19332 CRL.P No. 7062 of 2025 District against the petitioners herein for the aforesaid offences on the basis of first information dated 24.03.2025 received from Sri Gangaswami S/o Late Kencha Bovi. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.147/2025, which was rejected on 24.04.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition on the ground that investigation of the case is under progress and there is a death note left behind the deceased. 6. Perusal of the material on record would go to show that, the deceased Jayanti was married and she had two children from her wedlock. On 19.03.2025 she allegedly had consumed poison and had attempted to commit suicide. Immediately she was admitted to a hospital at Hassan. However, on 21.03.2025 she had - 4 - HC-KAR NC: 2025:KHC:19332 CRL.P No. 7062 of 2025 breathed her last. Thereafter, on 21.03.2025, the son of the first informant had submitted a report to the police stating that deceased Jayanti was mentally unsound and she had committed suicide. In the first information it is mentioned that the first informant had traced a death note of the deceased wherein it is mentioned that the petitioners herein were the cause for her death and they had recorded her video when she was taking bath and thereafter they had threatened and ill-treated her. In the first information it is also mentioned that about three months earlier Jayanti was missing and therefore a missing complaint was filed and subsequently she was traced. 7. There is nothing on record to show that the petitioners/accused had committed any act immediately prior to deceased committing suicide, which would have either abated or instigated her to commit suicide. In the alleged death note there is no mention about the date on which the petitioners/accused had recorded the video of - 5 - HC-KAR NC: 2025:KHC:19332 CRL.P No. 7062 of 2025 the deceased and there is no such mention that accused persons / accused had recorded video of the deceased while she was taking bath and thereafter they had blackmailed and tortured her. 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal 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.111/2025 registered by Chikkamagaluru Rural Police Station, Chikkamagaluru District for the offence punishable under Section 108 R/w 3(5) of BNS, 2023 subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:19332 CRL.P No. 7062 of 2025 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS