- 1 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 11064 OF 2025 BETWEEN: 1. SMT. ANJINAMMA W/O LATE MARAPPA AGED ABOUT 70 YEARS. 2. SMT. SHILPA D/O LATE MARAPPA W/O CHANNKESHAVA AGED ABOUT 40 YEARS BOTH ARE RESIDENTS OF INDARASANAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI SHANTHI BHUSHAN, ADVOCATE FOR SRI NAGENDRA C S, ADVOCATE) AND: STATE OF KARNATAKA BY VISHWANATHAPURA POLICE STATION BANGALORE RURAL DISTRICT BANGALORE - 562 110. REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU RURAL DISTRICT - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) Cr.P.C PRAYING TO REALESE ON ANTICIPATORY BAIL IN THE EVENT ARREST OF PETITIONERS BY THE VISHWANATHAPURA P.S, DEVANAHALLI TALUK, IN CR.No.138/2025, FOR OFFENCES PUNISHABLE UNDER SECTION 108, 352, 3(5) OF BNS, 2023, PENDING FOR INVESTIGATION ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC COURT, DEVANAHALLI, BENGALURU DISTRICT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard learned counsel for the petitioners, learned Addl.SPP for the State and perused the material on record. 2. Petitioners have preferred this petition under Section 482 of BNSS, 2023 seeking pre-arrest bail in Crime No. 138/2025 of Vishwanathapura Police Station, registered for the offence punishable under Sections 108, 352, 3(5) of BNS, 2023. 3. The aforementioned crime is registered on a complaint lodged by Sri Narayana Swamy, father of the deceased. It is alleged that on account of the torture and harassment and due to the abetment by the accused, his - 3 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 daughter Mala along with her minor child committed suicide. 4. FIR is registered against accused Nos.1 to 3 namely brother-in-law, mother-in-law and sister-in-law of deceased Mala. Petitioners are shown as accused Nos.2 and 3 respectively in the FIR. 5. Learned Sessions Judge has rejected the petition seeking anticipatory bail in Crl.Misc.No.15133/2025 vide order dated 11.07.2025. Hence, this petition. 6. It is contended by the learned counsel for petitioners that in the complaint false allegations are made that these petitioners were harassing complainant's daughter in respect of family property and they sold the property without her knowledge etc. Drawing the attention of the Court to the copy of the agreement dated 25.03.2025, he contended that deceased - Mala had received a sum of Rs.1,50,000/- out of the sale proceeds and she has signed the said document. - 4 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 7. Learned Addl.SPP contended that investigation is in progress and as per complaint averments there was harassment and torture meted to the deceased in connection with the property and the petitioners have intentionally aided and abetted her to commit suicide, due to which she along with her minor child committed suicide by jumping into Krishi Honda. 8. The material on record reveals that marriage of deceased Mala with Nagaraju, son of petitioner No.1 took place about 13 years back and in the wedlock they have two minor children. It is alleged that without the knowledge of the deceased and her husband, the accused sold the family property and when deceased - Mala demanded their share, accused quarreled and abused her etc. On 19.06.2025 at about 9.00 p.m. she is alleged to have called the complainant over phone and informed him that the accused have quarreled and abused her and they told to end her life. - 5 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 9. Complainant's daughter - Mala committed suicide by jumping into Krishi Honda along with her minor child on 21.06.2025. The accused are alleged to have scolded and quarreled with her on 19.06.2025. It is not forthcoming as to what happened between 19.06.2025 and 21.06.2025. It is the contention of learned counsel for petitioners that deceased - Mala is the recipient of Rs.1,50,000/- which was received by her in cash and she has also signed the documents and therefore, the allegation that the sale proceeds were not paid to her is false and baseless. 10. Petitioners are the mother-in-law and sister-in- law of deceased - Mala. The prosecution has to establish that they have intentionally aided or abetted her to committed suicide along with her child. The ingredients of the offence alleged have to be established in trial. In the facts and circumstances, their custodial interrogation will not be necessary. They have undertaken to co-operate with the investigation of the case. Hence, by imposing - 6 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 necessary conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioners/accused Nos.2 and 3 in Crime No.138/2025 registered by Vishwanathaupra Police Station, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum. b) They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. c) They shall co-operate with the investigation of the case. - 7 - HC-KAR NC: 2025:KHC:34033 CRL.P No. 11064 of 2025 d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 38