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2025 DAILYLAW 75832 (KAR)

SRI MAHESHA v. STATE OF KARNATAKA

CRL.P/12797/2025 · 2025-10-23

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41801 CRL.P No. 12797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12797 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI MAHESHA S/O SHIVANNA AGED 32 YEARS R/A HEGGAVADI VILLAGE CHAMARAJANAGARA VILLAGE CHAMARAJANAGAR DISTRICT- 571 313. 2. SRI UMASHANKAR @ UMESHA S/O CHINNASWAMY AGED 23 YEARS R/A HEGGAVADI VILLAGE CHAMARAJANAGARA VILLAGE CHAMARAJANAGAR DISTRICT – 571 313. …PETITIONERS (BY SRI VINOD KUMAR M, ADVOCATE) AND: 1. STATE OF KARNATAKA CHAMARAJANAGARA RURAL POLICE STATION CHAMARAJANAGARA TOWN – 571 313 REPRESENTED BY THE SPP HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41801 CRL.P No. 12797 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF BEING ARRESTED BY THEM IN CR.No.162/2025 OF CHAMARAJANAGARA RUAL P.S., CHAMARAJANAGAR, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, CHAMARAJANAGAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 108 OF BNS, 2023, BY ACCEPTING SURETY OR IMPOSING ANY CONDITIONS BY THIS HON’BLE COURT AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 2 and 5 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in crime No. 162/2025 of Chamarajanagara Rural Police Station registered for offence under Section 108 of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’). 2. Heard learned counsel for petitioners and learned Additional SPP for respondent - State. 3. Learned counsel for petitioners would contend that the allegation against the petitioners is that they - 3 - HC-KAR NC: 2025:KHC:41801 CRL.P No. 12797 of 2025 borrowed money from the deceased, did not repay and threatened by the deceased due to which the deceased committed suicide. Petitioners have not abetted the deceased to commit suicide. Petitioners are ready to cooperate with the Police in investigation. Accused No. 6 who had similar allegations has been granted anticipatory bail by this Court. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that in the complaint specific allegation is made against these petitioners of having borrowed money and they were harassing the deceased by not paying the amount borrowed and were abusing her. Investigation is in progress. Names of these petitioners are specifically stated in the complaint and FIR. With this she prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:41801 CRL.P No. 12797 of 2025 6. The allegation in the complaint against these petitioners is that they had borrowed money from the deceased - Meenamma and they were harassing her by not repaying the amount and were threatening her. Due to this, the deceased is said to have committed suicide. Whether the act of these petitioners amounts to abetment to commit to suicide is a matter of investigation and trial. Petitioners are ready to co-operate with the Police in the investigation and abide by any terms and conditions to be imposed by this Court. Petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following O R D E R Petition is allowed. Petitioners - accused Nos. 2 and 5 are granted anticipatory bail in Crime No. 162/2025 of Chamarajanagara Rural Police Station subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:41801 CRL.P No. 12797 of 2025 I. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of Investigating Officer. II. Petitioners shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. III. Petitioners shall co-operate with the Police in investigation. IV. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 17 Ct.sm