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2025 DAILYLAW 70169 (KAR)

SMT KRUPA M K v. STATE OF KARNATAKA

CRL.P/14222/2025 · 2025-11-26

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49150 CRL.P No. 14222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14222 OF 2025 [438(Cr.PC) / 482(BNSS)] BETWEEN: 1. SMT KRUPA M.K. W/O LATE GANESH H. D/O LATE SHREE KRISHNA, AGED ABOUT 30 YEARS, R/O NO. 12, GROUND FLOOR, MEG LAYOUT, 1ST CROSS, A NARAYANAPURA, BENGALURU - 560 016. ADDRESS AS PER AADHAR CARD IS AS FOLLOWS, R/O. NO.1424, 11TH MAIN, 'E' AND 'F' BLOCK, RAMAKRISHNA NAGAR, MYSURU - 570 022. 2. SMT. VEENA, W/O LATE SHREE KRISHNA, AGED ABOUT 50 YEARS, R/O.NO. 1424, 11TH MAIN, 'E' AND 'F' BLOCK, RAMAKRISHNA NAGAR, MYSURU - 570 022. 3. SRI. PAVAN KUMAR M.K. S/O LATE SHREE KRISHNA, AGED ABOUT 27 YEARS, R/O NO. 1424, 11TH MAIN, 'E' AND 'F' BLOCK, RAMAKRISHNA NAGAR, MYSURU - 570 022. …PETITIONERS (BY SRI. PREREET JAIN B., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49150 CRL.P No. 14222 of 2025 AND: 1. STATE OF KARNATAKA BY K R NAGARA POLICE STATION, (REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001). …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL HEREIN IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CRIME NO.256/2025 OF K.R.NAGARA POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 108 READ WITH 3(5) OF BNS, 2023, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C, K.R. NAGARA, MYSURU DISTRICT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 to 3 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.256/2025 of K.R. Nagar Police Station, registered for offences punishable under Section 108 read with 3(5) of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:49150 CRL.P No. 14222 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, the Husband of petitioner No.1/accused No.1 has committed suicide. The allegation against the petitioners is that, they were demanding money from the deceased for their household expenses and they asked him to go and die. The deceased has committed suicide by consuming poison. The alleged act of the petitioners does not amount to abetting the deceased to commit suicide. The petitioners are ready to cooperate with the Police in the investigation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioners were harassing the deceased to give money for their household expenses. On 15.06.2025, when the deceased came to the house of accused No.1, at that time, accused - 4 - HC-KAR NC: 2025:KHC:49150 CRL.P No. 14222 of 2025 Nos.2 and 3 were present there and they abused the deceased in filthy words and told him that, they will file false dowry case and send him to jail and also assaulted him with hands and asked him to go and die. The said aspect itself clearly indicates that, the petitioners have abetted the deceased to commit suicide. The investigation is in progress. The investigation has been stayed in Writ Petition filed by the petitioners in W.P.No.19125/2025 by order dated 03.07.2025. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The deceased was the husband of petitioner No.1/accused No.1. Petitioner No.2/accused No.2 is the mother of accused No.1 and petitioner No.3/accused No.3 is the brother of accused No.1. The allegation against the petitioners is that, they were demanding money from the - 5 - HC-KAR NC: 2025:KHC:49150 CRL.P No. 14222 of 2025 deceased for their household expenses. Learned counsel for petitioners has submitted that, petitioner No.3/accused No.3 is working and is getting salary of Rs.40,000 to Rs.50,000/- and therefore, there is no any question of they demanding money from the deceased for their household expenses. Whether the act of the petitioners demanding money, abusing him, assaulting him and asking him to go and die, whether amounts to abetment or not is a matter of investigation and trial. Now, the investigation is stayed. Learned counsel for petitioners submits that, after the disposal of the said writ petition filed by the petitioners, there is a threat of arrest of the petitioners. The petitioners have undertaken to cooperate with the Investigating Officer in the investigation after the disposal of the said writ petition filed by them. 7. Considering all the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following; - 6 - HC-KAR NC: 2025:KHC:49150 CRL.P No. 14222 of 2025 ORDER The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.256/2025 of K.R. Nagar Police Station and are ordered to be released on bail in the event their arrest, subject to following conditions: i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) The petitioners shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. iii) The petitioners shall appear before the Investigating Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 21