- 1 - HC-KAR NC: 2025:KHC:32839 CRL.P No. 10337 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10337 OF 2025 BETWEEN: ASHOK S/O SANGAPPA HONNALI AGED ABOUT 30 YEARS, R/AT INCHAGAL VILLAGE JAMMALADINNI VIJAYAPURA DISTRICT-576117 …PETITIONER (BY SRI. UMESH MOOLIMANI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO YALAHANKA POLICE STATION, BENGALURU BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU-560001 2. UMESH DEVARA S/O RUDRAPPA AGED ABOUT 49 YEARS, SARAVADA VILLAGE VIJAYAPUR TALUK AND DISTRICT MOBILE NO.9739708464 …RESPONDENTS (BY SMT ASMA KOUSER., ADDL. SPP FOR R1 SRI BIMBADHAR M GOWDA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS PRAYING TO ORDER AND DIRECT THE INVESTIGATION OFFICER TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CONNECTION WITH YELAHANKA P.S. IN CR.NO.143/2025, FOR THE OFFENCE P/U/S 108 OF BNS, 2023, AGAINST THE PETITIONER AND ETC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32839 CRL.P No. 10337 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused being unsuccessful before the Sessions Court, has preferred this petition seeking anticipatory bail, in a case registered at the Yelahanka Police Station in Crime No.143/2025, for an offence punishable under Section 108 of the BNS 2023. 2. Heard the arguments and perused the material on record. 3. Deceased by name Kum.Daaneshwari Devara, complainant's daughter, was pursuing her studies in BSc Nursing and she was staying in one Aditya Vidya Samste Hostel. She committed suicide on 24.04.2025 at about 04.00 p.m. in the hostel. Complaint is lodged against the petitioner by her father. 4. It is contended by the learned counsel for petitioner that there is no material to show that petitioner - 3 - HC-KAR NC: 2025:KHC:32839 CRL.P No. 10337 of 2025 has either instigated or abetted the deceased to commit suicide and the ingredients of the offence alleged against him are not made out and therefore, petitioner is entitled for anticipatory bail. 5. The learned counsel relied on two decisions of the Apex Court reported in (i) Mahendra Awase Vs. State of Madhya Pradesh1 (ii) Ayyub and others Vs. State of Uttar Pradesh and another2. 6. The State opposed the prayer for bail, contending that the petitioner was in physical relationship with the deceased and at the time of incident, he was on a video call. Statement of one Soujanya, a friend of the deceased is recorded, wherein she has stated about the acquaintance of petitioner and the deceased. It is contended that at this stage there is a prima facie case against the petitioner. His mobile phone has to be recovered to retrieve the incriminating materials. He is 1 (2025) 4 SCC 801 2 (2025) 3 SCC 334 - 4 - HC-KAR NC: 2025:KHC:32839 CRL.P No. 10337 of 2025 required for medical examination, as it is seen from the post-mortem report that the deceased was pregnant at the time of committing suicide. Hence, the learned Additional SPP contended that if the petitioner is granted anticipatory bail, there is likelihood of destroying the evidence and tampering the prosecution witnesses. 7. In the above referred judgments, the Hon’ble Apex Court re-iterated the requisite ingredients to make out an offence under Section 306 IPC and held that the intention of the accused to aid or instigate or to abet the deceased to commit suicide is a must for attracting Section 306 IPC. Further, alleged harassment meted out should have left the victim with no other alternative but to put an end to her life and in cases of abetment of suicide, there must be proof of direct or indirect acts of incitement to commit suicide. 8. In the case on hand, investigation is at the threshold. There is material placed on record to show that the - 5 - HC-KAR NC: 2025:KHC:32839 CRL.P No. 10337 of 2025 petitioner was in a relationship with the deceased. As per post-mortem report, the deceased was 4 to 5 weeks pregnant. The statement of one Soujanya, revealed that the accused was in conversation through video call with the deceased when she committed suicide. Hence, it is too premature to hold at this stage that the ingredients of the offence alleged are not made out. The petitioner, as contended by the learned Additional SPP, is required for interrogation. Grant of anticipatory bail may result in losing crucial evidence. Hence, it is not a fit case to enlarge the petitioner on anticipatory bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE BS List No.: 1 Sl No.: 20