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2025 DAILYLAW 81218 (KAR)

SRI JEELAN v. STATE OF KARNATAKA

CRL.P/12393/2025 · 2025-10-23

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 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. 12393 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 12843 OF 2025 IN CRL.P No. 12393/2025 BETWEEN: 1. SRI JEELAN S/O. SRI. SATHAR AGED ABOUT 20 YEARS, R/A. NO.117/16-21, 2ND FLOOR, 3RD CROSS, NEW VASANTH NAGAR, HOSUR TALUK, KRISHANGIRI DISTRICT, TAMIL NADU - 635 109. …PETITIONER (BY SRI. VEERAYYA HIREMATH.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANDEPALYA POLICE STATION, BENGALURU -560068. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BALL IN CRIME NO.102/2025 ON THE FILE OF BANDEPALYA POLICE STATION, BENGALURU AND ALSO ON THE FILE OF XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-46) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108 R/W 3(5) OF BNS 2023. IN CRL.P NO. 12843/2025 BETWEEN: 1. PRAKASH S/O LINGANAND HOMBAL S/O LINGANAND B HOMBAL AGE ABOUT 26 YEARS, OCC BUSINESS, R/AT NO. 6, THOLAHUNSE, DAVANAGAERE, KARNATAKA-577-002. ...PETITIONER (BY SRI. MOT GOURISHANKAR HARISHCHANDRA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BANDEPALYA POLICE STATION, BENGALURU CITY REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PRINCIPAL BENCH, BENGALURU-560-001. ...RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF THEIR ARREST TO ALLEGED OFFENCE P/U/S. 108, R/W 3(5) OF BNS, 2023 IN BANDEPALYA P.S. CR.NO.102/2025 PENDING ON THE FILE OF HONBLE COURT OF IX ADDL. - 3 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 of 2025 CJM, AT BENGLAURU CITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P No.12393/2025 is filed by accused No.2 and Crl.P No.12843/2025 is filed by accused No.1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.102/2025 of Bandepalya Police Station registered for the offence punishable under Section 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor for the respondent - State. 3. The learned counsel for the petitioners/accused Nos.1 and 2 would contend that, there was love affair between accused No.1 and the deceased, and subsequently, accused No.2 came in contact with the - 4 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 of 2025 deceased. The allegation of accused persons blackmailing and cheating the deceased, and due to that, the deceased committed suicide is the matter of investigation and trial. The complaint is based on hearsay statement of the friends of the deceased. The petitioners/accused Nos.1 and 2 are ready to cooperate with the police in the investigation. With this, he prayed to allow the petitions. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, inspite of issuing notice to the petitioners/accused Nos.1 and 2, they have not appeared before the Investigating Officer for investigation. There is allegation of petitioners/accused Nos.1 and 2 blackmailing and cheating the deceased. The investigation is in progress. Call detail records of petitioners/accused Nos.1 and 2 and others have to be investigated. With this, she prayed to dismiss the petitions. - 5 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 of 2025 5. Having heard the learned counsel, the Court has perused the complaint and other materials placed on record. 6. As per the averments made in the complaint, the deceased was in affair with the accused No.1, and she had intimated the same to her friends. Accused No.2 came in contact with her in their working place and it is alleged that he physically used the deceased, and gave her harassment, insulted and assaulted her, and due to which, she committed suicide. 7. The complaint filed by the mother of the deceased is based on the statements of friends of the deceased. Whether the act of these petitioners amounts to abetting the deceased to commit suicide is the matter of investigation and trial. The petitioners/accused Nos.1 and 2 have undertaken to cooperate with the police in the investigation and abide by the terms and conditions to be imposed by this Court. The petitioners have made out a case for grant of anticipatory bail with conditions. - 6 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 of 2025 In the result, the following: ORDER i) The petitions are allowed. ii) The petitioners/accused Nos.1 and 2 are ordered to be released on bail in the event of their arrest in Crime No.102/2025 of Bandepalya Police Station subject to the following conditions: a) The petitioners/accused Nos.1 and 2 shall execute personal bond for a sum of Rs.One lakh each with one surety for the likesum to the satisfaction of the Investigating Officer. b) They shall appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety; c) They shall cooperate with the police in the investigation; d) They shall not threaten the complainant and the other prosecution witnesses either directly or indirectly; - 7 - HC-KAR NC: 2025:KHC:41747 CRL.P No. 12393 of 2025 C/W CRL.P No. 12843 of 2025 e) They shall appear before the Investigating officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 9