- 1 - HC-KAR NC: 2025:KHC:18552 CRL.P No. 7093 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. 7093 OF 2025 BETWEEN: SARAVANA S S/O SUBRAMANI AGED ABOUT 25 YEARS R/AT NO.59 FLOWER STREET ANEKAL TOWN AND TALUK BENGALURU DISTRICT - 562 106. …PETITIONER (BY SRI MANJUNATH M.R, ADV.) AND: 1. 2. THE STATE OF KARNATAKA BY ANEKAL POLICE STATION BENGALURU DIST REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. SMT. SARASWATHAMMA W/O LATE SRINIVAS AGED ABOUT 56 YEARS #3, HOSUR MAIN ROAD SAPTAGIRI LAYOUT ANEKAL - 560 064. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1-STATE; SRI ANAND R.V, ADV., FOR R-2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18552 CRL.P No. 7093 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ANTICIPATORY BAIL AND TO DIRECT THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.100/2025 OF ANEKAL POLICE BENGALURU RURAL DISTRICT, REGISTERED FOR AN OFFENCE P/U/S 108 R/W 3(5) OF BHARATIYA NYAYA SANHITA-2023 WHICH IS PENDING, BEFORE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT, BENGALURU THAT FOR THE REASONS STATED. 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 No.8 in Crime No.100/2025 registered by Anekal Police Station, Bengaluru City, for the offences punishable under Section 108 read with Section 3(5) 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.100/2025 was registered by Anekal Police Station, Bengaluru City, for the aforesaid offences - 3 - HC-KAR NC: 2025:KHC:18552 CRL.P No. 7093 of 2025 against one Kiran Gowda and others based on the first information dated 18.04.2025 received from Smt.Saraswathamma, who is the mother of deceased Praveen Kumar. Apprehending arrest in the case, petitioner herein, who is the arraigned as accused No.8 in the FIR had filed Crl.Misc.No.5189/2025 before the jurisdictional Sessions Court which was rejected on 05.05.2025. Therefore, he is before this Court. 4. In the first information which is submitted by the mother of deceased Praveen Kumar, it is averred that on 17.04.2025, accused persons named in the FIR had assaulted her son Praveen Kumar and had recorded the said incident and thereafter circulated the same in social media. Subsequently, Praveen Kumar had committed suicide by hanging himself and he had allegedly recorded a video prior to committing suicide and uploaded the same in his Instagram account and in the said video, he had made allegation that the accused persons were the cause for his death. 5. A perusal of the first information would go to show that there is no specific allegation made against any of the accused - 4 - HC-KAR NC: 2025:KHC:18552 CRL.P No. 7093 of 2025 persons about the role played by them in the incident that had taken place on 17.04.2025 in which Praveen Kumar was assaulted by the accused persons. Merely for the reason that the deceased has stated prior to his death that certain persons were the cause for his death, that alone is not sufficient to invoke the offence punishable under Section 108 of BNS, 2023, against them. The alleged act committed by accused persons should have a direct nexus with the death of deceased and the alleged act of accused should have directly instigated or abetted the deceased to commit suicide. Such an ingredient is prima facie absent in the present case. It is also brought to the notice of this Court that further proceedings in Crime No.100/2025 registered by Anekal Police Station, Bengaluru, as against accused Nos.2, 5, 6 and 7 has been stayed by the Co- ordinate Bench of this Court in Crl.P.No.6068/2025. In addition to the same, the alleged offence is not exclusively punishable with death or life imprisonment. Undisputedly, petitioner herein does not have any criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. Under the circumstance, I am of the opinion that the prayer - 5 - HC-KAR NC: 2025:KHC:18552 CRL.P No. 7093 of 2025 made by the petitioner 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 petitioner in the event of his arrest in Crime No.100/2025 registered by Anekal Police Station, Bengaluru City, for the offences punishable under Section 108 read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:18552 CRL.P No. 7093 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN