- 1 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12896 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 12893 OF 2025 IN CRL.P No. 12896/2025 BETWEEN: 1. SRI K M KANTHARAJU @ KALLESHA S/O MARIGOWDA, AGED ABOUT 66 YEARS, R/AT RAJENDRAPURA COOVE VILLAGE AND HOBLI, CHIKKAMAGALUR DISTRICT - 577160. …PETITIONER (BY SRI. RAMESH K R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NEW EXTENSION POLICE STATION, TUMAKURU CITY, TUMAKURU 572102 BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.125/2025 OF NEW EXTENSION P.S. TILAK PARK CIRCLE, TUMAKURU FOR THE OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 PUNISHABLE UNDER SECTIONS 108 AND 3(5) OF BNS 2023 PENDING ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, TUMAKURU. IN CRL.P NO. 12893/2025 BETWEEN: 1. SRI CHANDRASHEKAR M B S/O LATE BASVARAJU AGED ABOUT 46 YEARS R/AT 7TH CROSS GANTOHRI NAGARA TUMAKURU CITY TUMKAURU 572 102 ...PETITIONER (BY SRI. RAMESH K R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NEW EXTENSION POLICE STATION TUMAKURU CITY TUMAKURU - 572 102 BY STAE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001 ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.125/2025 OF NEW EXTENSION P.S. TILAK PARK CIRCLE, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108, 3(5) OF BNS 2023 PENDING ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, TUMAKURU. - 3 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P No.12896/2025 is filed by accused No.1 and Crl.P No.12896/2025 is filed by accused No.2 under Section 483 of Bharatiya Nagarika Suraksha Sanhitha, 2023 praying to grant bail in Crime No.125 of 2025 of New Extension Police Station, Tumkur, registered for the offences punishable under Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent - State; 3. The learned counsel for the petitioner would contend that, only on the basis of death note, case came to be registered against the petitioners/accused Nos.1 and 2. In the death note, what is stated is that these petitioners/accused Nos.1 and 2 have played a fraud, and - 4 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 have cheated him, and therefore, he committed suicide. The details of the said fraud have not been stated in the death note. Whether the petitioners have abbeted the deceased to commit suicide is a matter of investigation and trial. The petitioners are ready to cooperate with the police in the investigation, and abide by terms and conditions to be imposed by this Court. With this, he prayed to allow the petitions. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, the names of the petitioners/accused Nos.1 and 2 have been specifically mentioned in the complaint and FIR, and also in the death note. As to the petitioners have cheated the deceased and the cause for deceased committing suicide is a matter for investigation. He submits that if at this stage petitioners are granted bail, they will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petitions. - 5 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 5. Having heard the learned counsel, the Court has perused FIR, complaint and copy of death note furnished by the learned High Court Government Pleader. 6. On the complaint of one Gagan, son of the deceased, case came to be registered against the petitioners/accused Nos.1 and 2 in Crime No.125/2025 of New Extension Police Station, Tumkuru for the offences punishable under Section 108 and 3(5) of BNS, 2023. The said complaint has been filed only on the basis of death note, which is stated to have been left by the deceased. In the said death note, the names of petitioners/accused Nos.1 and 2 are mentioned stating that, they have cheated the deceased, and therefore, he is going to commit suicide, and they are responsible for his death. 7. The details of the said cheating have not been stated in the death note. Whether the petitioners have abetted the deceased to commit suicide is a matter of investigation and trial. The petitioners are in judicial - 6 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 custody since 11.08.2025, and they are not required for custodial interrogation. They have undertaken to cooperate with the police in further investigation. They have madeout a case for grant of bail with conditions. In the result, the following ORDER i) The petitions are allowed. ii) The petitioners/accused Nos.1 and 2 are granted bail in Crime No.125 of 2025 of New Extension Police Station, Tumkur subject to following conditions: a) The petitioners shall execute personal bond for sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court; b) They shall not tamper the prosecution witnesses either directly or indirectly; c) They shall co-operate with the police in investigation; - 7 - HC-KAR NC: 2025:KHC:41931 CRL.P No. 12896 of 2025 C/W CRL.P No. 12893 of 2025 d) They shall attend the Trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case; Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2