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2025 DAILYLAW 27985 (KAR)

SMT. AMULYA. S. J. v. STATE OF KARNATAKA

CRL.P/7692/2025 · 2025-06-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20236 CRL.P No. 7692 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. 7692 OF 2025 BETWEEN: SMT. AMULYA S.J. C/O LOKESH K.J AGED ABOUT 40 YEARS R/A FLAT NO.B205, 2ND FLOOR ABHI SAI SANTRUPTHI APARTMENT VISHWVESHWARAIAH 8TH BLOCK BANGALORE - 560 091. …PETITIONER (BY SRI VIKYATH B, ADV.) AND: STATE OF KARNATAKA BY SUBRAMANYA NAGAR P.S REPRESENTED BY HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT HER ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE HER IN THE EVENT OF HER ARREST IN CR.NO.61/2025 OF SUBRAMANYA NAGAR P.S., FOR THE OFFENCES P/U/S 108,3(5) OF BNS, PENDING BEFORE 32nd ACMM COURT, NRUPATUNGA ROAD, BANGALORE. 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:20236 CRL.P No. 7692 of 2025 ORAL ORDER 1. Accused no.2 in Crime No.61/2025 registered by Subramanyanagar 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.61/2025 was registered by Subramanyanagar Police Station, Bengaluru City, for the aforesaid offences against Sateesha and others based on the first information dated 25.04.2025 received from Deepa - wife of deceased Vinayak C.Batt. Apprehending arrest in the case, petitioner who is arrayed as accused no.2 in the FIR, had filed Crl. Misc. No.4057/2025 before the jurisdictional Sessions Court, which was rejected on 21.05.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that accused no.1 as against whom similar allegations are found in the FIR, has been - 3 - HC-KAR NC: 2025:KHC:20236 CRL.P No. 7692 of 2025 granted anticipatory bail by the coordinate bench of this Court in Crl.P.No.7474/2025 disposed of on 29.05.2025. 5. Per contra, learned Addl. SPP has opposed the petition and submits that there is allegation against the petitioner in the death note that she had pledged her gold ornaments in the name of the petitioner and was torturing him to get the same released. Accordingly, she prays to dismiss the petition. 6. In the first information which is submitted by the wife of the deceased, she has stated that deceased had borrowed huge money and he was in serious debt, and therefore, he was under depression. On 25.04.2025, deceased had committed suicide in his house by hanging himself. In the first information it is stated that deceased had left a death note stating that accused no.1 - Sathish and accused no.2 - Amulya were the cause for his death. It is also stated that another person by name Ningaraju had given loan to the deceased with 10% interest and was torturing him to repay the money. It is in this background, FIR was registered against the accused persons. - 4 - HC-KAR NC: 2025:KHC:20236 CRL.P No. 7692 of 2025 7. Accused no.1 as against whom similar allegation is found in the FIR has been granted anticipatory bail by coordinate bench of this Court in Crl.P.No.7474/2025 disposed of on 29.05.2025. Allegation against the petitioner and accused No.1 is similar in the FIR. Petitioner who is a married lady aged about 40 years has no criminal antecedents. She has undertaken to cooperate with the police for the purpose of investigation. 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 the petitioner in the event of his arrest in Crime No.61/2025 registered by Subramanyanagar 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. - 5 - HC-KAR NC: 2025:KHC:20236 CRL.P No. 7692 of 2025 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