- 1 - HC-KAR NC: 2025:KHC:35810 CRL.P No. 12539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12539 OF 2025 BETWEEN: SRI. MUNIRAJU M. S/O LATE MARAPPA, AGED ABOUT 40 YEARS, RESIDENT OF INDARASANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. …PETITIONER (BY SRI. NAGENDRA C.S., ADVOCATE) AND: STATE OF KARNATAKA BY VISHWANATHAPURA POLICE STATION, BANGALORE RURAL DISTRICT, BANGALORE-562 110. REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE ON ANTICIPATORY BAIL IN THE EVENT ARREST OF PETITIONER BY THE VISHWANATHAPURA POLICE STATION, DEVANAHALLI TALUK, IN CRIME NO.138/2025, FOR OFFENCES PUNISHABLE UNDER SECTION 108, 352, 3(5) OF BHARATIYA NYAYA SANHITA, 2023, PENDING FOR INVESTIGATION ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, DEVANAHALLI. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35810 CRL.P No. 12539 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 has preferred this petition praying to enlarge him on anticipatory bail in Cr.No.138/2025 of Vishwanathapura Police Station, Bengaluru District, registered for the offence punishable under Section 108, 352 r/w 3(5) of BNS, 2023. 2. Heard the learned counsel for petitioner, learned Addl. SPP for the State and perused the material on record. 3. The first informant by name Sri Narayanaswamy has alleged that, on account of torture, harassment and due to the abetment by the accused, his daughter Mala committed suicide along with her minor child. - 3 - HC-KAR NC: 2025:KHC:35810 CRL.P No. 12539 of 2025 4. FIR is registered against accused Nos.1 to 3 namely, brother-in-law, mother-in-law and sister-in-law of deceased Mala. Petitioner is arraigned as accused No.1 in FIR. The material on record reveals that the marriage of Mala with Nagaraju, brother of the petitioner, took place about 13 years prior and in the wedlock they have two minor children. It is alleged that without the knowledge of deceased Mala and her husband, the accused sold the family property and when Mala demanded her share, accused quarrelled and abused her etc. On 19.6.2025, at about 9.00 p.m., she is alleged to have made a call to her father i.e., first informant over phone and informed him that the accused have quarrelled with her, abused and told to end her life. 5. Complainant’s daughter-Mala committed suicide by jumping into Krishi Honda along with her minor child on 21.6.2025. It is alleged that the accused sold the family property and did not give share to the deceased and her - 4 - HC-KAR NC: 2025:KHC:35810 CRL.P No. 12539 of 2025 husband and they scolded and quarrelled with her on 19.6.2025 and abetted her to commit suicide. 6. The Hon’ble Apex Court in the case of Ayyub and others Vs. State of Uttar Pradesh and another reported in (2025) 3 SCC 334, has observed in para 20 that ‘in order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. It is further held that the intention of the accused to aid or instigate or to abet the deceased to commit suicide is a must for attracting Section 306 IPC (see Madan Mohan Singh v. State of Gujarat). Further, the alleged harassment meted out should have left the victim with no other alternative but to put an end to her life and that in cases of abetment of suicide there must be proof of direct or indirect acts of incitement to commit suicide’. - 5 - HC-KAR NC: 2025:KHC:35810 CRL.P No. 12539 of 2025 7. The prosecution has to establish in a full fledged trial that the accused have intentionally aided or abetted the deceased to committed suicide. The ingredients of the offence alleged, have to be established in trial. Similarly placed accused Nos.2 and 3 have been enlarged on bail in Crl.P.No.11064/2025 dated 1.9.2025. Hence, in the same terms and conditions, the relief sought by the petitioner can be granted. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.138/2025 registered by Vishwanathapura Police Station, Bengaluru District, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of - 6 - HC-KAR NC: 2025:KHC:35810 CRL.P No. 12539 of 2025 Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 65