- 1 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9775 OF 2025 BETWEEN: JAGADEESHA T. S/O THIMMAPPA, AGED ABOUT 33 YEARS, R/AT NO.18, I MAIN, NEAR SAINT LAWRENCE SCHOOL, KAMAKSHIPALYA, BASAWESHWARNAGAR, BENGALURU PIN:-560 079. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH ANNAPOORNESHWARINAGAR POLICE STATION, BANGALORE CITY REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT-POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.145/2025 (PENDING ON THE FILE OF LEARNED VI ADDL. CHIEF JUDICIAL MAGISTRATE COURT AT BANGALORE CITY IN CC.NO.19020/2025) REGISTERED BY ANNAPOORNESHWARINAGAR POLICE STATION, BANGALORE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 85 AND 108 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is preferred by the petitioner to enlarge him on bail in Crime No.145/2025 of Annapoorneshwari Nagar Police Station registered for the offence punishable under Section 108 of BNS, 2023. Charge sheet is filed for the offence under Section 85 and 108 of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 3. The present complaint has been lodged by the mother of deceased Pooja. It is alleged that the deceased, daughter of the complainant, was given in marriage to petitioner on 11.11.2017. At the time of marriage, a demand for 250 grams of gold and one site was allegedly made by the groom’s side. Pursuant thereto, 100 grams of gold was given to the bride and 31 grams of gold to the groom. Within a month of the marriage, the relationship between the couple became strained, and the elders of both families intervened to advise them. It is further alleged that the petitioner demanded for a site and taunted the deceased for not procuring him a bracelet, leading to frequent quarrels. The complaint further discloses that the deceased suspected the petitioner of maintaining an illicit relationship, which was denied by him when questioned by the complainant and her son. On 12.04.2024, the deceased allegedly attempted suicide by hanging herself; however, she was rescued by her father- in-law and admitted to hospital. Thereafter, she refused - 4 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 to reside with the petitioner and was taken to her parental home. Subsequently, the petitioner persuaded her to return to the matrimonial home. It is alleged that, owing to persistent physical and mental harassment, on 16.04.2025 at about 10:00 p.m., the petitioner and the deceased again quarreled, during which the petitioner allegedly instigated her to “go and die.” It is stated that, as a result of such abetment, the deceased committed suicide by hanging herself from the ceiling fan in her matrimonial home. 4. The complaint is lodged by victim’s mother. Complaint averments would reveal that the deceased used to quarrel with the petitioner suspecting that he is in an illicit relationship. At one point of time, on 12.04.2024, she attempted to commit suicide by hanging herself, but her father-in-law rescued her and admitted her in the hospital. Thereafter, she refused to stay with the petitioner. She was therefore, brought to her parental home. However, the petitioner advised her and took her - 5 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 back to the matrimonial home. It is stated that, when the complainant and her son enquired with the petitioner about his illicit relationship, he denied. 5. According to prosecution, due to physical and mental harassment meted to the deceased and due to the quarrel between the couple in connection with the illicit relationship of the petitioner with some other woman, deceased committed suicide. 6. Learned High Court Government Pleader has contended that the conduct of the petitioner has led the deceased to commit suicide and even prior she attempted to commit suicide. He further contended that the petitioner has abetted the deceased to go and die and therefore, she took the extreme step. He contended that the ingredients of the offences are attracted and therefore, petitioner is not entitled for bail. 7. The Hon’ble Apex Court in M.Mohan V. State reported in 2011 (3) SCC 626, has held that there has to - 6 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 be a clear mens rea on the part of the accused and an active or direct act intending to push the deceased into such a position to commit suicide. 8. In M. Arjuna v. State reported in 2019 (3) SCC 315, it is held that the act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. 9. The prosecution has to establish that the petitioner has intentionally aided or abetted the deceased to commit suicide. The ingredients of the offences alleged have to be established during trial. 10. The petitioner was arrested on 17.04.2025 and he is in judicial custody since then. Investigation is completed and charge sheet is filed. Hence, considering the facts and circumstances of the case and considering - 7 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 that the charge sheet is filed, petitioner can be admitted to bail by imposing conditions. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused in Crime No.145/2025 of Annapoorneshwari Nagar Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. - 8 - HC-KAR NC: 2025:KHC:29590 CRL.P No. 9775 of 2025 4. He shall appear before the trial Court regularly on all effective dates of hearing. The observations made in this order shall not influence the trial. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38