BHUMESHA @ BHUMESHA NAIKA M v. THE STATE OF KARNATAKA
CRL.P/12818/2025 · 2025-10-29
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81250 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81250 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43051 CRL.P No. 12818 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12818 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
BHUMESHA @ BHUMESHA NAIKA M S/O MOHAN NAIKA, AGED ABOUT 19 YEARS (STUDENT) R/AT KILARADAHALLI THANDA BUKKAPATNA HOBLI, SIRA TALUK, TUMAKUR DISTRICT-572137.
2.
SMT. VEEDAVATHI K @ VEDA D/O LATE. DODDAKENCHAPPA.K.T AGED ABOUT 22 YEARS.
R/O K.K. PALYA, HULIKUNTE HOBLI, SIRA TALUK AND ALSO AT KILARADAHALLI THANDA, BUKKAPATNA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572137.
3.
SUBASH B @ SUBBU S/O BALAKRISHNA K.L.
AGED ABOUT 19 YEARS, R/AT BEHIND BSNL OFFICE, JYOTHINAGARA, SIRA TALUK, TUMAKURU DISTRICT-572137 …PETITIONERS (BY SRI. MAHESH M R.,ADVOCATE)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:43051 CRL.P No. 12818 of 2025
AND:
1.
THE STATE OF KARNATAKA SIRA POLICE, REP BY SPP, HIGH COURT BUILDING, BANGALURU-560 001. …RESPONDENT (BY Smt.PUSHPALATHA B, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN CR.NO.399/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 108, 190 OF BHARATIYA NYAYA SANHITA, 2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.) AND CHIEF JUDICIAL MAGISTRATE COURT, SIRA, TUMKUR DISTRICT.
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 no. 2, 4 and 5 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No. 399 of 2025 of Sira Police Station registered for the offences punishable under Sections 85, 108 and 190 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for the respondent - State. - 3 -
HC-KAR NC: 2025:KHC:43051 CRL.P No. 12818 of 2025
3. The learned counsel for petitioners would contend that, the petitioners are the students. The accused No.1, who has been arrested, has been granted statutory bail. The petitioners are ready to cooperate with the police in investigation. 4. The accusation that these petitioners have harassed the deceased, and due to which, the deceased has committed suicide is a matter of investigation and trial. The offence alleged against the petitioners is not punishable either with death or imprisonment or life. With this, he prayed to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, petitioner No.2/accused No.4 was the lover of accused No.1, and she was harassing the deceased to leave the accused No.1, and other petitioners were supporting her. The deceased was pregnant at the time of she committing suicide. Due to abetment of the petitioners, the deceased
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HC-KAR NC: 2025:KHC:43051 CRL.P No. 12818 of 2025
committed suicide. Investigation is in progress. If the petitioners are granted anticipatory bail at this stage, they will hamper the investigation and tamper the prosecution witnesses. With this, she prayed for dismissal of the petition. 6. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 7. One Prithvirani, the wife of accused No.1, has committed suicide on 13.08.2025. The mother of the deceased has filed a complaint, on the basis of which, a case came to be registered against accused Nos.1 to 5, wherein the petitioners are arrayed as accused Nos.2, 4 and 5. The allegation in the complaint is that when deceased came to Varmahalakshmi festival on 12.08.2025, she has told that her husband is harassing and ill-treating her, and telling her to die as she doesn't intend to lead marital life with her husband.
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HC-KAR NC: 2025:KHC:43051 CRL.P No. 12818 of 2025
8. The accusation against these petitioners is that, petitioner No.2/accused No.4 was lover of accused No.1, the husband of the deceased, and they were harassing the deceased not to lead life with accused No.1, due to which, she committed suicide. The investigation is in progress. Whether these petitioners have abetted the deceased to commit suicide is a matter of investigation and trial. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are students. There are no criminal antecedents of the petitioners. 9. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following:
ORDER
i) The petition is allowed.
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HC-KAR NC: 2025:KHC:43051 CRL.P No. 12818 of 2025
ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.399 of 2025 of Sira Police Station registered for the offences punishable under Sections 85, 108 and 190 of BNS, 2023 subject to following conditions. a) The petitioners shall appear before the Investigating Officer within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of Investigating Officer;
b) The petitioners shall co-operate with the police in the investigation;
c) The petitioners shall not threaten the prosecution witnesses either directly or indirectly;
d) The petitioners shall appear before the Trial Court on all dates of hearing and cooperate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6