- 1 - HC-KAR NC: 2025:KHC:20695 CRL.P No. 7424 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7424 OF 2025 BETWEEN: SRI NARAYANASWAMY G S/O GANGAIAH AGED ABOUT 37 YEARS R/AT GOTTIGERE VILLAGE SHIVAGANGE POST, SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU DISTRICT KARNATAKA - 562 111 INDICATE IN F I R AS SRI. NARAYAN, OWNER OF GNS BAR, SHARADA CROSS SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU DISTRICT KARNATAKA - 562 111. …PETITIONER (BY MS. SHRIDEVI BHOSALE MARUTI, ADV.) AND: STATE OF KARNATAKA BY DABASPETE POLICE STATION NELAMANGALA TALUK BENGALURU 562 111 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THE PETITIONER, ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.71/2025, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) AND JMFC COURT, NELAMANGALA, BENGALURU RURAL DISTRICT, REGISTERED AND BEING Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20695 CRL.P No. 7424 of 2025 INVESTIGATED FOR THE OFFENCE PUNISHABLE U/S. 108, 127(1), 351(3), 352, 115(1) AND 3(5) OF BNS, ARRAYED THIS PETITIONER AS THE ACCUSED NO.1 THEREIN. 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.71/2025 registered by Dobbespet Police Station, Bengaluru District, for the offences punishable under Sections 108, 127(1), 351(3), 352, 115(1) and 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.71/2025 was registered by Dobbespet Police Station, Bengaluru District, for the aforesaid offences against petitioner and two others based on the first information dated 04.05.2025 submitted by Susheela V, wife of deceased. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.880/2025 before the jurisdictional Sessions Court which was rejected on 17.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:20695 CRL.P No. 7424 of 2025 4. In the first information, it is alleged that deceased Devaraju was a drunkard and on 03.05.2025, first informant was informed that her husband Devaraju was confined in the Bar and Restaurant of the petitioner for the reason that he had not paid for the alcohol which he had consumed in the bar and he also had committed theft of alcohol from the Bar and Restaurant of the petitioner. First informant and her relatives had thereafter gone to the Bar and Restaurant of the petitioner and had undertaken to pay a sum of Rs.15,000/- on or before 15.05.2025 and when they were returning along with Devaraju, petitioner and his staff allegedly assaulted Devaraju and also abused him using filthy language and asked him to go and die. On the next day i.e., on 04.05.2025, Devaraju allegedly committed suicide by hanging to a tree and it is in this background, his wife who is the first informant in the present case had approached the police. Devaraju was abused and assaulted by the petitioner and his staff members for the reason that Devaraju had not paid money for the alcohol consumed by him earlier in the Bar and Restaurant of the petitioner and Devaraju also had committed theft of alcohol from the Bar and Restaurant of the petitioner. That itself - 4 - HC-KAR NC: 2025:KHC:20695 CRL.P No. 7424 of 2025 cannot be considered as abetment or instigation for the deceased to commit suicide. Accused Nos.2 and 4, who were arrested in the present case have been enlarged on regular bail. Petitioner has no other 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 anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. 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.71/2025 registered by Dobbespet Police Station, Bengaluru District, for the offences punishable under Sections 108, 127(1), 351(3), 352, 115(1) and 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/- - 5 - HC-KAR NC: 2025:KHC:20695 CRL.P No. 7424 of 2025 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN