Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13203 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN:
1.
MR SANDEEP K.
S/O MR. KARTHIK, AGED ABOUT 28 YEARS, OCC. COLLECTION EXECUTIVE, R/AT: GOPI SHETTY KOPPA, SHIVAMOGGA, KARNATAKA- 577 205.
2.
MR. VINAY N.
S/O MR. NARAYANAPPA, AGED ABOUT 30 YEARS, OCC. AREA COLLECTION MANAGER, R/AT:#07, TANDIGE, HECHE, S ORAB, SHIVAMOGGA, KARNATAKA - 577 429.
3.
MR. LOHITH NAIK R.
S/O RAMANAIK, AGED ABOUT 34 YEARS, R/AT: SHIVAPURA TANDA, DUMMALLI NIDIGE, SHIVAMOGGA, KARNATAKA - 577 222.
4.
MR. M GANESH S/O MR. MANJAPPA, AGED ABOUT 29 YEARS, OCC. COLLECTION MANAGER, R/AT: 2ND CROSS,
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
NEAR SHIVSHANKAR GARAGE, HOSAMANE SHIVAMOGGA, KARNATAKA - 577 201.
ALL ARE EMPLOYEES OF MUTHOOT FINCORP, 1ST FLOOR, SLV BUILDING, OPP. NEURO BHARATH HOSPITAL, HOTEL JEWEL ROCK ROAD, DURGIGUDI, SHIVAMOGGA. …PETITIONERS (BY SRI. VELLANKI RAVI, ADVOCATE) AND:
1.
STATE OF KARNATAKA SHO, NYAMATHI POLICE STATION, CHANNAGIRI SUB DIVISION, DAVANAGERE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE IN NYAMATHI POLICE STATION, CHANNAGIRI SUB DIVISION, DAVANAGERE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.206/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 108, 190 OF BNS 2023, SECTION 8, 12 OF KARNATAKA MICRO LOAN AND SMALL LOAN (PREVENTION OF COERCIVE ACTIONS) ORDINANCE, 2025, NOW PENDING ON THE FILE OF
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
ADDITIONAL CIVIL JUDGE (JURNIOR DIVISION) AND JMFC COURT, HONNALI, DAVANAGERE 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.2 to 5 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.206/2025 of Nyamathi Police Station, Channagiri, registered for offences punishable under Sections 352, 108 and 190 of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025.
2. Heard the learned counsel for petitioners and learned High Court Government Pleader for respondent - State.
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
3.
Learned counsel for petitioners would contend that, the petitioners are employees of Muthoot Fincorp Ltd., wherein the deceased had borrowed home loan of Rs.5,00,000/-. The Muthoot Fincorp Ltd., has got issued legal notice on 18.06.2025 to the deceased to repay the amount borrowed. There are no coercive steps by the petitioners against the deceased for recovery of loan amount borrowed by him. The main allegation in the complaint is against accused No.1. Merely asking repayment of the money borrowed does not amount to abetment to commit suicide. The petitioners are ready to cooperate with the Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. The petitioners do not have any criminal antecedents. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, there is specific allegation against these petitioners visiting the
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
house of deceased on 04.08.2025 at 02.00 p.m. and asking him to repay the home loan installment or otherwise they will seize the house. The deceased has committed suicide on 06.08.2025. The petitioners have abetted the deceased to commit suicide by harassing him to repay the amount borrowed. The matter is still under investigation. If the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused FIR, complaint and other materials placed on record. 6. The complainant is the mother of the deceased. The deceased committed suicide on 06.08.2025. It is alleged that, the deceased had borrowed home loan of Rs.5,00,000/- from Muthoot Fincorp Ltd., and these petitioners were coercing the deceased to repay the home
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
loan, due to which, the deceased has committed suicide. The death note was found wherein the deceased has written that, due to harassment given by Sunil Narananapurada and persons who have given home loan, he has committed suicide. The petitioners are stated to be the employees of Muthoot Fincorp Ltd., wherein the deceased had borrowed home loan of Rs.5,00,000/-. The said Muthoot Fincorp Ltd., has got issued legal notice dated 18.06.2025 to the deceased and his mother for repayment of outstanding amount.
Merely asking for repayment of money borrowed does not amount to abetment to commit suicide. The matter is under investigation. Whether the petitioners have abetted the deceased to commit suicide is a matter of investigation and trial. The petitioners are not having any criminal antecedents. The petitioners have undertaken to cooperate with the Investigating Officer in investigation and abide by any terms and conditions to be imposed by this Court. - 7 -
HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
7. Considering all the above aspects, the petitioners have made out grounds for grant of anticipatory bail with conditions. In the result, the following;
ORDER This Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.206/2025 of Nyamathi Police Station, Channagiri 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 likesum to the satisfaction of the jurisdictional Court. ii) The petitioners shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety.
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HC-KAR NC: 2025:KHC:44642 CRL.P No. 13203 of 2025
iii) The petitioners shall cooperate with the Police in investigation and make themselves available for interrogation whenever required. iv) The petitioners shall appear before the Investigating Officer whenever called for. v) The petitioners shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any Police Officer.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 11