- 1 - HC-KAR NC: 2025:KHC:52896 CRL.P No. 16038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16038 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ROOPESH KUMAR T S/O THIMMAIAH AGED ABOUT 31 YEARS R/AT THOREBOMMANAHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572 123. …PETITIONER (BY SRI. K A CHANDRASHEKARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF KUNIGAL POLICE STATION TUMAKURU DISTRICT-572 101. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU -560 001. …RESPONDENT (BY SRI CHNNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER, GRANT HIM BAIL IN CR.No.466/2025 OF KUNIGAL P.S. TUMAKURU DISTRICT NOW PENDING ON THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C KUNIGAL FOR THE OFFENCE PUNISHABLE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52896 CRL.P No. 16038 of 2025 UNDER SECTIONS 352,351(2),137(2) AND 108 R/W 3(5) OF BNS 2023 AND SEC.3,4 OF KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT 2004 AND SEC.3 AND 38 OF KARNATAKA MONEY LENDERS ACT 1961. 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.1 under Section 483 of BNSS praying to grant bail in Crime No.466/2025 of Kunigal Police Station registered for offences punishable under Sections 352, 351(2), 137(2), 108 read with Section 3(5) of BNS, Sections 3, 4 Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Sections 3 and 38 of Karnataka Money Lenders Act. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner has lent Rs.2,00,000/- to the deceased. As the deceased has not repaid the borrowed - 3 - HC-KAR NC: 2025:KHC:52896 CRL.P No. 16038 of 2025 amount and interest, he demanded the repayment of loan with interest and he did not pay. There is the allegation of asking the deceased to go and die and abusing him and taking him does not amounts to abatement. The petitioner is interested in getting back the money lent and not taking the life of the deceased. The petitioner is in judicial custody since 06.11.2025 and therefore, he is not required for custodial interrogation. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the averments of the complainant indicate that the petitioner was harassing the deceased for repayment of the money borrowed and kidnapped him and abused him in filthy language. The said act of the petitioner amounts to abatement to commit suicide. The petitioner is having criminal antecedents and he is rowdy sheeter. The investigation is pending. With this, he prays to reject the petition. - 4 - HC-KAR NC: 2025:KHC:52896 CRL.P No. 16038 of 2025 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per arguments of the complaint, the deceased had borrowed Rs.2,00,000/- from the petitioner and he was repaying the same in a sum of Rs.10,000/- per week. The deceased has not repaid the said amount for that week and therefore, the petitioner demanded repayment and abused him, kidnapped and left him. On the next day, he committed suicide. The said act of the petitioner whether amounts to abatement to commit suicide or not is matter of investigation and trial. The petitioner is interested in getting back the money lent to the deceased and not in taking the life of the deceased. The petitioner is in judicial custody since 06.11.2025 and as major portion of the investigation is over, he is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment. Considering the above aspects, - 5 - HC-KAR NC: 2025:KHC:52896 CRL.P No. 16038 of 2025 the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail inCrime No.466/2025 of Kunigal Police Station subject to following conditions: a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.1 shall co- operate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. - 6 - HC-KAR NC: 2025:KHC:52896 CRL.P No. 16038 of 2025 d) The petitioner –accused No.1 shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 13 Ct.sm