- 1 - HC-KAR NC: 2025:KHC:20474 CRL.P No. 7577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7577 OF 2025 BETWEEN: MR. KARTHIK GUNASHEKARA S/O GUNASHEKARA AGED ABOUT 27 YEARS RESIDING AT K.M. DODDI VILLAGE MADDUR TALUK MANDYA DISTRICT - 571 422. …PETITIONER (BY SRI SHIVARAMU H.C, ADV.) AND: 1. STATE BY BYLAKUPPE POLICE STATION MYSURU DISTRICT REPT. BY ASSIT PUBLIC PROSECUTOR BANGALORE HIGH COURT, BANGALORE. 2. MR. RAGHU S/O LATE KRISHNAPPA SHETTY AGED ABOUT 43 YEARS RESIDING AT HALEYURU VILLAGE BYLAKUPPE, PERIYAPATNA TALUK MYSURU DISTRICT - 571 421. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL.SPP FOR R-1; V/O/O DT:13-062025, R-2 STANDS DELETED) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.11.2024 PASSED BY HONBLE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU SITTING AT HUNSUR FOR REJECTING THE BAIL U/S. 439 CR.PC. IN SC.NO.5028/2024 AND ORDER TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.100/2024 FOR THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20474 CRL.P No. 7577 of 2025 OFFENCE P/U/S. 306, NOW PENDING ON THE FILE HONBLE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU SITTING AT HUNSUR. 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 No.5 in S.C.No.5028/2024 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru (sitting at Hunsur) arising out of Crime No.100/2024 registered by Bylakuppe Police Station, Mysuru District for the offence punishable under Section 306 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.100/2024 was registered by Bylakuppe Police Station, Mysuru District for the aforesaid offence against the petitioner herein, on the basis of first information dated 11.06.2024 received from Sri Raghu S/o Late Krishnappa Shetty. During the course of investigation, the petitioner herein was arrested on 25.06.2024 and subsequently remanded to judicial custody. Investigation in the case is - 3 - HC-KAR NC: 2025:KHC:20474 CRL.P No. 7577 of 2025 completed and charge sheet was filed against the petitioner for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdiction Sessions Court in S.C.No.5028/2024 was dismissed on 04.11.2024. Therefore, he is before this Court. 5. In the first information as well as charge sheet it is alleged that the petitioner and the deceased were acquainted to each other and the petitioner allegedly had informed the deceased that he can work online and make money and accordingly the deceased from his mobile phone No.7760915200 had totally forwarded a sum of Rs.23,000/- to the petitioner herein and subsequently when the deceased demanded repayment of said money, the petitioner allegedly refused to repay the said money and when the deceased informed him that he would die, if the money is not repaid, the petitioner allegedly asked him to go and die and also sent abusing messages to his mobile phone. It is under these circumstances, the deceased allegedly committed suicide on 10.06.2024 in his house by consuming poison. - 4 - HC-KAR NC: 2025:KHC:20474 CRL.P No. 7577 of 2025 6. The petitioner, who is arrested in the present case on 25.06.2024 is in custody ever since then. Investigation of the case is complete and charge sheet is filed. The alleged offence is not punishable with life imprisonment or death. Undisputedly, the petitioner has no criminal antecedents. The trial in the case is yet to commence. 7. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5028/2024 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru (sitting at Hunsur) arising out of Crime No.100/2024 registered by Bylakuppe Police Station, Mysuru District for the offence punishable under Section 306 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh - 5 - HC-KAR NC: 2025:KHC:20474 CRL.P No. 7577 of 2025 only) 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS