- 1 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10308 OF 2025 BETWEEN: 1. SRI. NAGARAJU @ NAGAPPA S/O APPANNAGOWDA, AGED ABOUT 77 YEARS, 2. SRI. GURUSWAMY S/O SRI. NAGARAJU, AGED ABOUT 31 YEARS, BOTH ARE RESIDENTS OF DYAVARANAHATTY VILLAGE, HAGALAWADI HOBLI, ALALAGHATTA, GUBBI TALUK, TUMKUR DISTRICT-572 222. …PETITIONERS (BY SRI. M.S. DEVARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY CHELUR POLICE STATION, GUBBI TALUK, TUMKUR DISTRICT-572 117, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-01. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE CONCERNED CHELUR POLICE STATION, GUBBI TALUK, TUMAKURU DISTRICT, TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN CRIME NO.120/2025, OFFENCE U/S 108 OF BNS & IN CRL.MIS.NO.904/2025 IN THE COURT BEFORE II ADDL. DIST. AND SESSIONS JUDGE, TUMAKURU IN THE EVENT OF HIS/THEIR ARREST, WITH SUCH CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are arraigned as accused Nos.1 and 2 respectively in Cr.No.120/2025 of Chelur Police Station, Tumakuru, registered for the offence punishable under Section 108 of BNS, 2023. 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for respondent/State and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 of 2025 3. This petition is preferred under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail. 4. In the complaint lodged by Smt. Sowbhagyamma W/o Devaraju, it is alleged that the complainant and her deceased sister Yashodamma had constructed separate houses in their ancestral property and since one week prior to lodging of the complaint, her deceased sister was residing in her house. When her sister wanted to construct a temporary bathroom, on 12.6.2025, the accused removed the tarpaulin and abused her. Again, on 13.6.2025, when she had gone to the bathroom, both the accused abused her in vulgar language, assaulted and threatened her saying that they will not leave her and abetted her to commit suicide. It is alleged that on account of the said threat and abetment, her sister committed suicide by hanging herself in her house between 10.00 p.m. on 14.6.2025 and 5.30 a.m. on 15.6.2025. - 4 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 of 2025 5. Petitioners’ application seeking anticipatory bail was rejected by the learned Sessions Judge in Crl.Misc.No.904/2025 vide order dated 2.7.2025. The learned Sessions Judge has observed that the petitioners have committed a heinous offence which has taken away the life of deceased and if they are granted bail, definitely it will send a wrong message to the society and there are chances of tampering the prosecution witnesses. 6. Learned High Court Government Pleader contended that investigation is under progress and therefore, if the petitioners are enlarged on bail, they may not co-operate with the investigation and they may tamper with the prosecution witnesses. 7. It is contended by the learned counsel for petitioners that the entire allegations that the accused have abused and assaulted the deceased is utterly false as there was no previous complaint lodged against the - 5 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 of 2025 petitioners. He submitted that the petitioners will abide by any conditions which may be imposed by the Court. 8. It is alleged that when the deceased wanted to set up a temporary bathroom using tarpaulin, the accused have objected, quarreled and assaulted her etc. According to prosecution, due to the threat and abetment, complainant’s sister Yashodamma committed suicide in her house by hanging herself using a veil. 9. The prosecution has to establish that the accused have encouraged, instigated or aided the deceased to commit suicide and contributed to the act of suicide by the deceased. The ingredients of the offence alleged have to be established during trial. Petitioners have no bad antecedents. In the given facts and circumstances, they can be granted the relief sought in the petition by imposing conditions. Hence, the following: - 6 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 of 2025 ORDER 1. Petition is allowed. 2. Petitioners/accused Nos.1 and 2 in Crime No.120/2025 registered by Chelur Police Station, Tumakuru, 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/contact number and shall inform the I.O. in case of change in the address/contact number. c) They shall co-operate with the investigation of the case. - 7 - HC-KAR NC: 2025:KHC:30366 CRL.P No. 10308 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 TL List No.: 1 Sl No.: 54