- 1 - HC-KAR NC: 2025:KHC-D:14623 CRL.P No. 104195 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104195 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SAIKIRAN T. S/O. VENKATESHWARALU, AGED ABOUT 24 YEARS, R/O. H.NO.500, NEAR WELCOME BOARD, AMBEDKAR NAGAR, VENKA CAMP, T.B. DAM, HOSAPETE TALUK, VIJAYANAGARA DISTRICT-583101. …PETITIONER (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH R.B. DAM POLICE STATION, HOSPETE TALUK, VIJAYANAGARA DISTRICT-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME NO.41/2025 OF T.B. DAM POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 OF BNS 2023, PENDING BEFORE PRL. CIVIL JUDGE (SR.DN) AND JMFC COURT, HOSAPETE, VIJAYANAGARA DISTRICT, IN THE ENDS OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14623 CRL.P No. 104195 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.41/2025 of T.B. Dam Police Station for the offence under Section 108 of Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that the petitioner and the deceased stated to be loving each other since 7 years. There were difference of opinions between the petitioner and the deceased and it was brought to the notice of the complainant at the earliest. The complainant had instructed the parents of the petitioner to be away from the victim. Thereafter, she went for her studies and after completing her studies again she came back to native and again she started moving with him and there were quarrels between the victim and the petitioner on one or the other - 3 - HC-KAR NC: 2025:KHC-D:14623 CRL.P No. 104195 of 2025 pretext. As such, on 12.08.2025, she has committed suicide in her house by hanging to the ceiling fan. Initially, a case was registered in UDR No.4/2025. Subsequently, after securing the phone and also obtaining data, the petitioner has been implicated in this case. 3. Heard Sri. Srinivas B. Naik, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 4. The submission of the land counsel for the petitioner is that though, it is alleged that there was a phone call on the date of alleged incident by the petitioner, the Investigating Officer did not secure any information or the contents of the chat and produced along with the charge sheet. Such being the case, it is not appropriate to keep the petitioner in judicial custody for the false case filed by the complainant against the petitioner. The petitioner is aged about 24 years and resident of Ambedkar Nagar, Vijayanagar District, and he is the earning member of the family. - 4 - HC-KAR NC: 2025:KHC-D:14623 CRL.P No. 104195 of 2025 5. It is further submitted that the petitioner will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for State submitted that there is a nexus between the death and the instigation of the accused. On the date of suicide committed by the victim, early in the morning, the petitioner had sent a text message and also a phone call. Immediately, after the said phone call, the victim committed suicide. Therefore, the provision of Section 108 of BNS, 2023, is clearly applicable. Hence, he is not entitled for bail. Making such submissions, he prays to reject the bail. 7. Having considered the submissions of the learned counsels for the respective parties and also perused the averments of the charge sheet, it appears from the record that the petitioner was stated to be loving the victim. In fact, both were loving each other and also decided to marry - 5 - HC-KAR NC: 2025:KHC-D:14623 CRL.P No. 104195 of 2025 each other. However, due to difference of opinion between them, the petitioner refused to marry the victim as per the averments of the charge sheet. It is needless to say that, mere refusal to marry would not constitute an offence under Section 108 of BNS, 2023. Moreover, the Investigating Officer did not collect any information or chat details as to whether the petitioner had instigated the victim to commit suicide or not. 8. Having considering the facts and circumstances of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 9. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.41/2025 of T.B. Dam Police Station for the offence under Section 108 of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum - 6 - HC-KAR NC: 2025:KHC-D:14623 CRL.P No. 104195 of 2025 of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 68