- 1 - HC-KAR NC: 2025:KHC-D:9776 CRL.P No. 102963 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102963 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHASAPPA MUTTAPPA HOSUR S/O. MUTTAPPA HOSUR, AGE: 27 YEARS, OCC: COOLIE, R/O: MUTTAPPA HOSUR, HANDIGUND VILLAGE, TQ: RAIBAG, DIST: BELAGAVI-591 235. & PETITIONER (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH HARUGERI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, PRAYING TO ALLOW THE PETITION GRANT ANTICIPATORY BAIL TO THE PETITIONER ACCUSED IN CRIME NO.0136/2025 REGISTERED BY THE HARUGERI POLICE STATION AND FURTHER BE TO PASS AN ORDER DIRECTING THE HARUGERI POLICE STATION TO THE ENLARGE THE PETITIONER/ACCUSED ON BAIL IN THE EVENT OF THEIR ARRESTED BY RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 108 OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR. DN.) AND JMFC COURT, RAIBAG, BELAGAVI DISTRICT. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9776 CRL.P No. 102963 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.136 of 2025 registered by Harugeri Police Station, Belagavi, for offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.136 of 2025 was registered by Harugeri Police Station, Belagavi, for the aforesaid offence against the petitioner based on the information dated 01.07.2025 received from Parwati Dundappa Kallimani, mother of deceased Meenakshi Dundappa, who was aged about 17 years. Apprehending arrest in the case, petitioner had filed Criminal Miscellaneous No.5307 of 2025 before the Jurisdictional Sessions Court which was rejected on 23.07.2025. Therefore, he is before this Court. 4. Perusal of the first information submitted by the mother of deceased Meenakshi, would go to show that on 01.07.2025 she received a phone call from the petitioner who - 3 - HC-KAR NC: 2025:KHC-D:9776 CRL.P No. 102963 of 2025 informed that her daughter had hanged herself and committed suicide. Immediately thereafter, the first informant went near her house and found the dead body of her daughter, who had committed suicide by hanging herself in their house. When the first informant enquired with the petitioner, he allegedly informed her that deceased was found talking to a boy and when the petitioner took the mobile phone of the victim girl which she was holding in her hand, immediately thereafter she ran towards her house and thereafter committed suicide. Except the aforesaid allegation, there is no other allegation found against the petitioner in the first information. There is no mention of any such act committed by the petitioner, which would have instigated, abetted or aided the deceased to commit suicide. Necessary ingredients so as to invoke Section 108 of Bharatiya Nyaya Sanhita, 2023 is prima facie absent in the first information. Under the circumstances, the following: ORDER The petition is allowed. The respondent 3 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.136 of 2025 registered by Harugeri Police Station, Belagavi, for offence - 4 - HC-KAR NC: 2025:KHC-D:9776 CRL.P No. 102963 of 2025 punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. 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 like sum to the satisfaction of the investigating officer. ii. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The 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. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 36