- 1 - HC-KAR NC: 2025:KHC:19799 CRL.P No. 7177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7177 OF 2025 BETWEEN: MR. KIRAN N @ KIRAN G S/O LATE NATARAJU AGED ABOUT 27 YEARS R/AT SAMANDORU VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU - 562 106. …PETITIONER (BY SRI VIJAY B.K, ADV.) AND: 1. THE STATE OF KARNATAKA BY ANEKAL POLICE STATION BENGALURU - 562 106 REPRESENTED BY THE SPP. 2. MRS. SARASWATHAMMA W/O LATE SRINIVAS AGED ABOUT 56 YEARS R/AT NO.3, SAPTHAGIRI LAYOUT HOSUR ROAD, ANEKAL TOWN BENGALURU - 562 106. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER BY DIRECTING THE RESPONDENT TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH THE CR.NO.100/2025 FILED BY ANEKAL P.S FOR THE ALLEGED O/P/US/ 108 R/W 3(5) OF BNSS, 2025 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19799 CRL.P No. 7177 of 2025 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.1 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 483 of BNSS, 2023, seeking regular 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 against the petitioner and others based on the first information dated 18.04.2025 received from Smt.Saraswathamma, who is the mother of deceased Praveen Kumar. During the course of investigation, petitioner was arrested on 19.04.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner in Crl.Misc.No.5193/2025 before the jurisdictional Sessions Court was rejected on 05.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:19799 CRL.P No. 7177 of 2025 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 after recording the said incident, had circulated the same in social media. Subsequently, Praveen Kumar had committed suicide by hanging himself and he had allegedly recorded a video prior to he 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. Perusal of the first information would go to show that there is no specific allegation made against any of the accused 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 cause of death of deceased - 4 - HC-KAR NC: 2025:KHC:19799 CRL.P No. 7177 of 2025 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 and in Crl.P.No.7471/2025. Accused No.8 has been granted anticipatory bail by this court in Crl.P.No. 7093/2025 disposed of on 02.06.2025. Undisputedly, petitioner who is a youngster, is in custody from 19.04.2025 onwards. In addition to the same, the alleged offence is not 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 circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.100/2025 registered by Anekal - 5 - HC-KAR NC: 2025:KHC:19799 CRL.P No. 7177 of 2025 Police Station, Bengaluru City, for the offences punishable under Section 108 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK