- 1 - HC-KAR NC: 2025:KHC:42246 CRL.P No. 13085 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13085 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT PUSHPA, W/O L.MUNIBHATYAPPA, D/O LINGAPPA, AGED ABOUT 41 YEARS, RESIDENT OF MUDDINAPALYA, DODDABYLAKERE, HESSARAGHATTA HOBLI, BANGALORE-560 089. 2. SRI SRIKANT, S/O RAMANJANAPPA, AGED ABOUT 39 YEARS, RESIDENT OF MUDDINAPALYA, DODDABYLAKERE, HESSARAGHATTA HOBLI, BANGALORE-560 089 …PETITIONERS (BY SRI. CHANDRASHEKAR.P.,ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH YELAHANKA NEW TOWN POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42246 CRL.P No. 13085 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN CRIME NO.343/2025 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108, 3(5) AND 351(2) OF BHARATIYA NYAYA SANHITA BY THE YELAHANKA NEW TOWN POLICE, NOW PENDING ON THE FILE OF THE 62nd ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COURT, BENGALURU CITY (CCH-63). 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 and 2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.343/2025 of Yelahanka New Town Police Station registered for the offences punishable under Sections 108, 3(5) and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. The learned counsel for petitioners and the learned High Court Government Pleader for respondent - State. 3. The learned counsel for petitioners would contend that, the wife of deceased has filed a complaint - 3 - HC-KAR NC: 2025:KHC:42246 CRL.P No. 13085 of 2025 stating that, her husband committed suicide. On perusal of the death notes, he has mentioned the names of petitioners stating that petitioner No.1/accused No.1 borrowed a sum of Rs.5,00,000/- and undertaken to repay the same within five months, but she did not repay, and denied borrowing, and petitioner No.2/accused No.2 has restrained him from proceeding and gave life threat. On the basis of the said complaint of wife of the deceased, the case came to be registered against the petitioners for the aforesaid offences. Whether the petitioners have abetted deceased to commit suicide is a matter of investigation and trial. Merely because of non-payment of amount borrowed by the petitioners amounts to abetment or not is to be decided later in the trial. The petitioners are ready to cooperate with the police in investigation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that two death notes are found, one in the house and another in - 4 - HC-KAR NC: 2025:KHC:42246 CRL.P No. 13085 of 2025 the shirt pocket of dead body of the deceased. In the death notes, the names of these petitioners are mentioned as they are cause for death of deceased. As petitioner No.1, who borrowed money from the deceased, has cheated him by not repaying the same, and denied borrowing. The matter is under investigation. The presence of the petitioners is required for custodial interrogation. With this, he prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the complaint and other materials placed on record. 6. The wife of deceased filed a complaint on the basis of two death notes. The copies of the said two death notes are made available by the learned High Court Government Pleader. In the death notes, it is mentioned that petitioner No.1/accused No.1 has borrowed a sum of Rs.5,00,000/- undertaking to repay within five months, - 5 - HC-KAR NC: 2025:KHC:42246 CRL.P No. 13085 of 2025 and subsequently when asked to repay, she denied borrowing and later petitioner No.2 restrained the deceased from proceeding, and gave him life threat. 7. The learned High Court Government Pleader submitted that the said death notes are sent for examination to FSL with the admitted signatures of the deceased. Whether the act of non-payment of amount borrowed and denied borrowing by the petitioner No.1/accused No.1, and threat by petitioner No.2/accused No.2 amounts to commit suicide is a matter of investigation and trial. The petitioners have undertaken to cooperate with the police in the investigation and abide by terms and conditions to be imposed by this Court. The petitioners have made out a case for grant of anticipatory with conditions. In the result, the following: ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:42246 CRL.P No. 13085 of 2025 ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.343/2025 of Yelahanka New Town Police Station subject to following conditions: a) The petitioners shall appear before the Investigating Officer within fifteen days from this day and execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer; b) They shall co-operate with the police in the investigation; c) They shall not tamper the prosecution witnesses either directly or indirectly; d) They shall appear before the Trial Court on all dates of hearing unless exempted and co- operate speedy disposal of the case; e) They shall appear before the Investigating Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6