- 1 - HC-KAR NC: 2025:KHC:28311 CRL.P No. 9665 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9665 OF 2025 BETWEEN: PRASHANTHA NAIK J S/O JAYANNA NAIK AGED ABOUT 29 YERAS RESIDING AT NO.8 BENDEKERE TAANDYA BENDEKERE, HASSAN - 5673103. …PETITIONER (BY SRI MANJUNATH M.R, ADV.) AND: THE STATE OF KARNATAKA YASHWANTHPURA P.S BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILIDNG BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON AN ANTICIPATORY BAIL IN CR.NO.203/2023 AND TO DIRECT THE RESPONDENT STATION HOUSE OFFICER OF YESHWANTHPURA P.S., BENGALURU TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST REGISTERED FOR AN OFFENCE P/U/S 108 OF BNS, 2023, PENDING ON THE FILE OF LXIX ACJM, AT BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28311 CRL.P No. 9665 of 2025 ORAL ORDER Accused in Crime No.203/2025 registered by Yeshwanthpur Police Station, Bengaluru City for the offence punishable under Section 108 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.203/2025 was registered by Yeshwanthpur Police Station, Bengaluru City against the petitioner herein for the aforesaid offence, on the basis of first information dated 14.06.2025 received from Sri Krishna Naik, father of the deceased Avinash Naik. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5286/2025, which was rejected on 30.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, the deceased Avinash Nayak was working in a private company at Manyatha Tech park and he was - 3 - HC-KAR NC: 2025:KHC:28311 CRL.P No. 9665 of 2025 staying along with his friends in Bengaluru. In the first information it is alleged that on 09.06.2025, the petitioner had abused Avinash Naik using filthy language and also threatened with dire consequence to his life. On 14.06.2025 Avinash Naik had committed suicide by hanging himself and this was informed to the first informant by his second son Sri. Abhilash Naik. On enquiry, the first informant allegedly came to know that Avinash Naik had left behind a death note mentioning that the petitioner was the cause for his death. 5. Learned HCGP has produced the death note left behind by the deceased and there is no mention in the said death note that the petitioner was the cause for his death. On the other hand, it is mentioned that the cause for his death has been mentioned in his mobile phone. However, at this stage the prosecution has not collected the said material. In respect of the incident that had taken place on 09.06.2025, in which the petitioner had abused and criminally intimated the deceased, no criminal - 4 - HC-KAR NC: 2025:KHC:28311 CRL.P No. 9665 of 2025 complaint is lodged. Merely for the reason that the petitioner had abused the deceased few days prior to he committing suicide, it cannot be said that he had instigated or abetted the deceased to commit suicide. The alleged act committed by the petitioner should have nexus with the death of the deceased. Necessary ingredients so as to invoke Section 108 of BNS, 2023 is prima-facie not found in the present case. Therefore, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 6. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.203/2025 registered by Yeshwanthpur Police Station, Bengaluru City for the - 5 - HC-KAR NC: 2025:KHC:28311 CRL.P No. 9665 of 2025 offence punishable under Section 108 of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS