- 1 - NC: 2025:KHC-D:6470 CRL.P No. 101246 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101246 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MAHESH S/O. RAJSHEKHARAYYA CHIKKAVEERMATH, R/O. H. NO.02, JENAMURI ROAD, TARLAGHATTA, KUNNUR, TQ. SHIGGAON, DIST. HAVERI-581110. …PETITIONER (BY SRI. S.S. NIRANJAN, ADVOCATE) AND: STATE OF KARNATAKA GOKUL ROAD, P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580105. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS 2023), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN CONNECTION WITH GOKUL ROAD P.S. CRIME NO.7/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 OF BNS, PENDING ON THE FILE OF JMFC III COURT, HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.16 15:00:57 +0530 - 2 - NC: 2025:KHC-D:6470 CRL.P No. 101246 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.S.S.Niranjan, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Bail request by the petitioner, who is accused in Crime No.07/2025 of the Gokul Road Police Station, Hubli for the offence punishable under Section 108 of the Bharatiya Nagarik Suraksha Sanhita, (for short, ‘the BNSS’). 3. Facts in a nutshell for disposal of the revision petition are as under: A complainant came to be lodged with Gokul Road Police by Smt.Ashwini W/o of the deceased which was registered in Crime No.07/2025 on 19.01.2025. 4. Gist of the complaint averments would reveal that deceased had borrowed loan from the petitioner and he was charging exorbitant interest. Being unable to satisfy the demand of the petitioner, accused said to have - 3 - NC: 2025:KHC-D:6470 CRL.P No. 101246 of 2025 committed suicide by falling into a moving unknown vehicle. Mobile phone ‘WhatsApp status’ is treated as the dying declaration as well as the death note and thereafter, present petitioner came to be arrested and detailed investigation has been conducted and charge sheet came to be filed and bail request by the petitioner was turned down by the learned District Judge and thereafter, petitioner is before this Court. 5. Sri.S.S.Niranjan, would contend that in a matter of this nature mere uttering the words ‘go and die if you are not able to pay debt amount’ would not ipso facto attract all ingredients of the offence under Section 108 of the BNSS. 6. Per contra, Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State opposes the bail grounds. 7. Having heard the arguments of both sides, this Court perused the material on records meticulously. - 4 - NC: 2025:KHC-D:6470 CRL.P No. 101246 of 2025 8. On such perusal of material on record, it is crystal clear that only incriminating material that is found against the petitioner is that ‘WhatsApp Status’ found on the mobile phone of the deceased. 9. Nevertheless, whether mere demanding the loan amount and in the conversation uttering the words ‘go and die’ would attract the all ingredients of the offence punishable under Section 108 of the BNSS are cannot be decided by this Court at this stage by holding a mini trial. 10. Suffice to say that since the charge sheet is filed by the police, if the petitioner is enlarged on bail ends of justice would be met. 11. Apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 12. Accordingly, the following order is passed. ORDER i. The criminal petition is allowed. ii. The Petitioner shall be enlarged on bail on executing a personal bond in a sum of - 5 - NC: 2025:KHC-D:6470 CRL.P No. 101246 of 2025 Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge. iii. The petitioner shall not directly or indirectly tamper the prosecution evidence in any manner. iv. Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. v. Petitioner shall attend the court regularly. vi. The petitioner shall not indulge in similar offences. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 1 Sl No.: 6