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2025 DAILYLAW 27191 (KAR)

D N SATISH v. THE STATE OF KARNATAKA

CRL.P/7474/2025 · 2025-05-29

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18449 CRL.P No. 7474 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7474 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: D N SATISH, S/O LATE D S NAGESHWARAN, AGED ABOUT 56 YEARS, R/AT.1/02, MOUNT JOY EXTENSTION HANUMANTHANAGARA, BANGALORE-560 019. …PETITIONER (BY SRI. B V KRISHNA., ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY SUBRAMANYA NAGAR POLICE STATION, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP FOR RESPONDENT) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT SUBRAMANYA NAGAR POLICE ENLARGE THE PETITIONER ON ANTICIPATORY BAIL ON FIR FILED BY THE RESPONDENT POLICE UNDER SECTION 108, 3(5) OF BNS IN CRIME Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18449 CRL.P No. 7474 of 2025 NO.61/2025 32ND ADDL.CMM COURT NRUPATUNGA ROAD, BENGALURU CITY IN THE EVEN OF HIS ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner in his before this Court seeking for the following relief :- "It is therefore prayed that this Hon'ble Court may be pleased to direct the Respondent Subramanya Nagar Police to enlarge the petitioner on Anticipatory bail on FIR filed by the Respondent Police under Section 108, 3(5) of BNS in Crime No.61/2025 before the 32 Addl. CMM Court, Nrupatunga Road, Bangalore City, in the event of his arrest, in the interest of justice and equity." 2. The proceedings initiated against the petitioner in Crime No.61/2025 for offences under Section 108(3) of BNS Act. The allegation made against the petitioner is that due to the petitioner seeking for return of certain money from Shri. Vinayak C. Bhat, the deceased has committed suicide. - 3 - HC-KAR NC: 2025:KHC:18449 CRL.P No. 7474 of 2025 3. A perusal of the complaint and the documents on record indicates that the deceased had not only borrowed money from the petitioner but from several others and there is no particular allegation, which has been against the petitioner to attract the rigour of Section 108 of the BNS Act. 4. Be that as it may, it should not be required for the petitioner to be in custodial interrogation, since all the other documents are in order. In that view of the matter, I pass the following:- ORDER The anticipatory bail petition filed under Section 438 of Cr.P.C. is allowed. The petitioner is ordered to be released on ail in the event of his arrest in Crime No.61/2025 pending on the file of 32ND Additional CMM Court, Nrupatunga Road, Bengaluru City, on the following conditions: i. The petitioner shall appear and surrender before the 32nd Additional CMM Court, Nrupatunga Road, Bengaluru City, within ten days from the date of receipt of the certified copy of this order and shall - 4 - HC-KAR NC: 2025:KHC:18449 CRL.P No. 7474 of 2025 furnish a personal bond for a sum of Rs.50,000/- with surety for the likesum to the satisfaction of the said court. ii. The petitioner shall appear before the trial court regularly on the appointed dates; iii. The petitioner shall furnish list of movable and immovable property held by him to the said Court. iv. The petitioner shall not tamper with evidence or cause any threat to any of the prosecution witness/s in any manner. v. The Petitioner shall co-operate with the completion of the investigation as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE NG List No.: 3 Sl No.: 52