- 1 - HC-KAR NC: 2025:KHC-D:16532 CRL.P No. 104523 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104523 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. RAMESH S/O. BASAVANTAPPA AGNI, AGE. 43 YEARS, OCC. DRIVER AT BMTC BENGALURU, HENNUR DEPOT, 2. VIJAYAKUMARI W/O. RAMESH AGNI, AGE. 42 YEARS, OCC. AGRICULTURE, BOTH R/O. BUDIHAL, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPUR, BOTH NOW AT M.L. BUILDING MURAREPPA LAYOUT, HENNUR CROSS, BENGALURU. …PETITIONERS (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY P.S.I. JAMAKHANDI RURAL P.S., TQ. JAMAKHANDI, DIST. BAGALKOT, REP. BY S.P.P., A G OFFICE, HIGH COURT BLDG, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, ORDER TO ENLARGE THE PETITIONERS/ACCUSED NO.1 AND 2 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN JAMKHANDI RURAL P.S. CRIME NO.134/2025 REGISTERED ON 17.09.2025 FOR THE ALLEGED OFFENCES UNDER SECTIONS 108, 308(2), 352, 351(2) R/W 3(5) OF BNS 2023 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC JAMKHANDI BY ALLOWING THIS CRIMINAL PETITION AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16532 CRL.P No. 104523 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This petition is filed by the petitioners who are arrayed as accused Nos.1 and 2 seeking for anticipatory bail in Crime No.134/2025 for the offences punishable under Sections 108, 308(2), 352, 351(2) read with sections 3(5) of B.N.S., 2023. Factual matrix of the case: 2. The case of the prosecution is that petitioner Nos.1 and 2 are the husband and wife. Petitioner No.1 is a colleague of the deceased – Malakappa Ramappa Nyamagowda. Both were working as Drivers in the BMTC, Hennur Depot, Bengaluru. It is alleged that Petitioner No.1 made the deceased to consume alcohol and took him to his house and allowed him to sleep in his house on the said day. However, on the next day, petitioner No.1 has informed the deceased that the deceased had committed mischief with his wife and he further informed the deceased that his wife wanted to talk with the deceased. - 3 - HC-KAR NC: 2025:KHC-D:16532 CRL.P No. 104523 of 2025 3. It is further stated that petitioner Nos.1 and 2 are stated to have blackmailed the deceased and extorted money and collected a sum of Rs.5,50,000/- and further, they were demanding more money and were threatening the deceased by stating that if he fails to give money, they would kill him by pouring petrol. Being afraid of the said threat, it is stated that the deceased had committed suicide in his house by hanging himself. The wife of the deceased had lodged a complaint on the basis of the death note of the deceased. Based on the complaint, the respondent-police have registered a case in Crime No.134/2025. After completion of investigation, charge sheet was submitted against the petitioners for the aforesaid ofences. 4. Heard learned counsel Sri. N.L.Balakurki, appearing for the petitioners and learned High Court Government Pleader Sri. Praveen Y. Devaraddiyavara, appearing for the respondent. 5. It is the submission of learned counsel for the petitioners that the petitioners are the innocent of the alleged offences. There is no nexus between the death and abatement. There is no proximity between instigation and death of the deceased. In fact, the averments made in the complaint or in the - 4 - HC-KAR NC: 2025:KHC-D:16532 CRL.P No. 104523 of 2025 alleged death note are not sufficient to bring the petitioners within the purview of Section 108 of BNS, 2023. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for respondent - State vehemently submitted that the deceased was being harassed continuously by the petitioners on several occasions and also he was being blackmailed by them that he should pay money whenever they demand or else, they would kill him by pouring petrol. As the petitioner was sensitive in respect of the reputation in the society, the circumstances forced him to commit suicide. Moreover, he has committed suicide by leaving the death note. Hence, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard learned counsel appearing for the respective parties and on perusal of the averments of the complaint, it appears from the record that petitioner No. 1 is the colleague of the deceased and petitioner No.2 is his wife. It is - 5 - HC-KAR NC: 2025:KHC-D:16532 CRL.P No. 104523 of 2025 stated that petitioner No.1 and the deceased used to consume alcohol together. It is further stated that, one day, petitioner No.1 and the deceased after consuming alcohol stayed in the house of petitioner No.1/accused No.1. It is alleged that the deceased had misbehaved with the wife of petitioner No.1. Hence, he was being blackmailed by stating that he has to pay money whenever they demand, or else, he would be killed by pouring petorl. On considering the death note of the deceased, I am of the considered opinion that, the petitioners have not made out a case to grant the relief of anticipatory bail. Hence, I proceed to pass the following: ORDER The Criminal Petition stands rejected. Sd/- (S.RACHAIAH) JUDGE NM/JS List No.: 1 Sl No.: 27