- 1 - HC-KAR NC: 2025:KHC:20232 CRL.P No. 7631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7631 OF 2025 BETWEEN: CHUKKA JAYACHANDRA S/O CHUKKA VENKATARAMANA AGED ABOUT 28 YEARS R/AT NO.5, JAGDEESH BUILDING SHIVAKUNTAMMA TEMPLE ROAD NAGUNDANAHALLI, WHITEFIELD POST BANGALORE - 560 066. …PETITIONER (BY SRI VENKATESH KAMATH B.R, ADV.) AND: STATE BY KADUGODI P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 067. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER BY GRANTING ANTICIPATORY BAIL IN CRIME NO.114/2025 OF KADUGODI POLICE STATION, FOR THE ALLEGED U/S 108(3)(5) OF BNS 2023, WHICH IS PENDING ON THE FILE OF THE 2ND ADDL.CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, BANGALORE ON SUCH TERMS AND CONDITIONS IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20232 CRL.P No. 7631 of 2025 ORAL ORDER 1. Accused no.3 in Crime No.114/2025 registered by Kadugodi Police Station, Bengaluru City, for the offences punishable under Sections 108, 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.114/2025 was registered by Kadugodi Police Station, Bengaluru City, for the aforesaid offences against Sandeep Banola and others based on the first information dated 13.03.2025 received from Venkataramana who is the uncle of deceased Santhosh Kumar. Apprehending arrest in the case, petitioner who is arrayed as accused no.3 had filed Crl. Misc. No.849/2025 before the jurisdictional Sessions Court, which was rejected on 15.05.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. - 3 - HC-KAR NC: 2025:KHC:20232 CRL.P No. 7631 of 2025 5. Per contra, learned Addl. SPP who has opposed the petition, submits that deceased has left a death note, wherein he has specifically mentioned the name of the petitioner, and therefore, custodial interrogation of the petitioner is required. Accordingly, she prays to dismiss the petition. 6. In the first information which is submitted by the uncle of deceased Santhosh Kumar, he has stated that Santhosh Kumar had committed suicide by hanging himself in a room, leaving behind a death note and in the death note, it is mentioned that Santhosh Kumar had borrowed loan and had given a sum of Rs.8 lakhs to accused no.1 - Sandeep Banola and a sum of Rs.2 lakhs to accused no.2 - Vinay Kumar. Accused nos.1 & 2 had failed to repay the said amount and the bank from which deceased had borrowed money were behind him. When Santhosh Kumar tried to contact accused nos.1 & 2, they were not properly responding and they also allegedly informed that they would not be returning him the money. It is further alleged in the first information that petitioner herein who is the friend of Santhosh Kumar had forwarded certain messages - 4 - HC-KAR NC: 2025:KHC:20232 CRL.P No. 7631 of 2025 from the mobile phone of the deceased to certain ladies and the same had adversely impacted the character of the deceased. 7. So far as a the petitioner is concerned, the only allegation in the alleged death note is that petitioner had forwarded certain messages from the mobile phone of the petitioner to certain ladies which had adversely impacted his character. There is no mention in the first information as to when these messages were forwarded by the petitioner from the mobile phone of the deceased. Except the aforesaid allegation, there is no allegation found against the petitioner in the first information or in the alleged death note left behind by the deceased. Therefore, I am of the prima facie view that necessary ingredient so as to invoke the offence punishable under Section 108 of BNS, 2023, is absent in the case as against the petitioner. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release - 5 - HC-KAR NC: 2025:KHC:20232 CRL.P No. 7631 of 2025 the petitioner in the event of his arrest in Crime No.114/2025 registered by Kadugodi Police Station, Bengaluru City, for the offences punishable under Sections 108, 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK