- 1 - HC-KAR NC: 2025:KHC:47171 CRL.P No. 13974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13974 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. PRASAD ACHARYA S/O NARAYANA ACHARYA AGED ABOUT 45 YEARS AGED RESIDING AT H.No. 6-88A NAREL HOUSE, PERDOOR VILLAGE AND POST UDUPI TALUK AND DISTRICT – 576 432. …PETITIONER (BY SRI SHRIRAMA ADIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY S H O/KUNDAPURA PS KUNDAPURA TALUK UDUPI DISTRICT REPRESENTED BY SPP HIGH CURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47171 CRL.P No. 13974 of 2025 ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.116/2025 OF KUNDAPURA P.S PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT KUNDAPURA, UDUPI DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108 AND 137(2) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.116/2025 of Kundapura Police Station registered for the offences punishable under Section 108 and 137(2) of BNS, 2023. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent/State. 3. The learned counsel for the petitioner would contend that, earlier a complaint has been filed against unknown person for kidnapping the deceased, and it is registered in Crime No.116/2025 of Kundapura Police - 3 - HC-KAR NC: 2025:KHC:47171 CRL.P No. 13974 of 2025 Station for the offence punishable under Section 137(2) of BNS, 2023. Subsequently, on recording the further statement of the complainant, the offence under Section 108 of BNS, 2023 has been included based on further statement of the complainant, and the petitioner has been arraigned as accused. The petitioner over phone made to Principal threatening the deceased warning him not to contact Shreeya does not amount to abatement to commit suicide. The petitioner is ready to cooperate with the police in the investigation. The petitioner has no criminal antecedent. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, over phone the petitioner has given threat to the deceased, and the said call has been made by the petitioner to the Principal, and it is in the presence of one Sameeksha, the brother of the deceased. Due to the said threat, the deceased committed suicide. The investigation - 4 - HC-KAR NC: 2025:KHC:47171 CRL.P No. 13974 of 2025 is in progress. The petitioner is required for custodial interrogation. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. One Jayavardhan filed the first information on 19.09.2025 of missing Nameesha Pujari, and on that basis, case has been registered in Crime No.116/2025 of Kundapura Police Station against unknown person. Subsequently, the first informant gave further statement, and on that basis, a requisition has been filed to include offence under Section 108 of BNS, 2023, and arraigned this petitioner as accused. In the further statement, the first informant has stated that, the petitioner had given threat to the deceased over phone made to the Principal, not to contact Shreeya. It is stated that due to the said threat, the deceased jumped into a river, and committed suicide, and this petitioner has abated the deceased to - 5 - HC-KAR NC: 2025:KHC:47171 CRL.P No. 13974 of 2025 commit suicide. The matter is still under investigation. Whether the alleged act of this petitioner threatening the deceased amounts to abatement or not is a matter of investigation and trial. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is not having any criminal antecedent. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.116/2025, Kundapura Police Station registered for the offences punishable under Section 108 and 137(2) of BNS, 2023 subject to following conditions. - 6 - HC-KAR NC: 2025:KHC:47171 CRL.P No. 13974 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute a bail bond and furnish a surety. c) The petitioner shall co-operate with the Investing Officer in the investigation. d) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer or tamper with the evidence. e) The petitioner shall appear before the Investing Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2