- 1 - HC-KAR NC: 2025:KHC:33086 CRL.P No. 11431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 11431 OF 2025 BETWEEN: CHITTAMMA G @ CHITTAKKA W/O NARASIMHAMURTHY AGED ABOUT 31 YEARS R/AT B.K. HALLI, NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 512 136. …PETITIONER (BY SRI VENKATA REDDY S K, ADVOCATE) AND: THE STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU DIST.-512 136 REPT. BY SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ORDER TO RELEASE PETITIONER A-1 ON BAIL IN CR.No.51/2025 ON THE FILE OF THE RESPONDENT POLICE THIRUMANI POLICE, THIRUMANI, PAVAGADA TALUK, TUMAKURU DISTRICT, FOR THE OFFENCES P/U/S 108, 352 R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, PAVAGADA. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33086 CRL.P No. 11431 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 This petition is preferred under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.51/2025 of Thirumani Police Station, Tumkur, registered for the offence punishable under Section 108, 352 read with 3(5) of BNS 2023. 2. Heard learned counsel for the petitioner, learned HCGP for the State and perused the material on record. 3. The aforementioned case is registered on a complaint lodged by victim’s mother against petitioner and two others. In brief, the allegations are that, first informant's son Arun Kumar (deceased) was studying in 9th Standard. Accused No.3 Mani was his friend. One Pragna is the daughter of first informant's husband's brother. She was studying in the same school where Arun Kumar was studying. Mani had asked first informant's son - 3 - HC-KAR NC: 2025:KHC:33086 CRL.P No. 11431 of 2025 Arun Kumar to inform Pragna that he is in love with her. On 02.07.2025, when Arun Kumar went to the house of Pragna and conveyed to her that Mani is in love with her and she has to be careful, petitioner i.e., Pragna's Mother, abused Arun Kumar. Again on 04.07.2025 at 02.30 p.m., petitioner and her relative by name Chamundeshwari (Accused No.2) came near first informant's house and picked up quarrel with her husband and her son Arun Kumar, and abused them in filthy language and instigated and abetted her son to commit suicide. It is alleged that on account of the instigation by the accused, complainant's son Arun Kumar committed suicide in his house at about 04.30 p.m. on 04.07.2025 by hanging himself using a saree. 4. Learned HCGP contended that investigation is under progress, statements of some of the witnesses are yet to be recorded, the FSL Report and the final opinion regarding cause of death is awaited, and therefore, at this stage, if the petitioner is granted bail, she may tamper - 4 - HC-KAR NC: 2025:KHC:33086 CRL.P No. 11431 of 2025 with the prosecution witnesses and derail the investigation. Hence, he sought to dismiss the petition. 5. According to prosecution when deceased Arun Kumar went and conveyed to petitioner’s daughter about his friend Mani’s desire to love her and advised her to be careful, petitioner abused him and once again on 04.07.2025, she and Accused No.2 abused complainant's husband and her son in vulgar language and abetted her son to commit suicide. 6. From the material placed on record, at this stage, it cannot be said that petitioner with an intention to drive complainant's son to commit suicide, abused him. However, it is a matter which has to be established in due course. It is well settled that a word uttered in a fit of anger or emotion, without intending the consequences to actually follow, cannot be said to be instigation. To attract the ingredients of Section 108 of the BNS, 2023 (Section 306 of IPC), it has to be shown that accused had - 5 - HC-KAR NC: 2025:KHC:33086 CRL.P No. 11431 of 2025 intentionally aided or instigated the deceased. Ingredients of the offence alleged have to be proved by the prosecution during trial. In the facts and circumstances, considering that the petitioner is a woman and she is already interrogated and she is in custody from 06.07.2025, imposing conditions, the relief sought can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.51/2025 of Thirumani Police Station, shall be enlarged on bail, subject to following conditions: 1. She shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. She shall furnish proof of her residential address and shall inform - 6 - HC-KAR NC: 2025:KHC:33086 CRL.P No. 11431 of 2025 the Court, if there is change in the address. 3. She shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. She shall not tamper with the prosecution witnesses either directly or indirectly. 5. She shall appear before the trial Court on all dates of hearing without fail, unless exempted from appearance for genuine reason. The observations made in the order shall be confined to the disposal of the petition and shall not influence the trial of the case, in any manner. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 37