- 1 - HC-KAR NC: 2025:KHC:40932 CRL.P No. 12238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12238 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI MANJUNATHA M S/O MUNIYAPPA AGED ABOUT 45 YEARS R/AT MYLANDAHALLI VILLAGE VOKKALERI HOBLI KOLAR TALUK KLOLAR – 563 130. …PETITIONER (BY SRI ABHILASH KUMAR M N, FOR SRI NANJUNDA GOWDA M R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VEMGAL POLICE KOLAR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALUIRU – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40932 CRL.P No. 12238 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME No.124/2025 OF VEMGAL POLICE STATION WHICH IS PENDING ON THE FILE OF THE PRINCIPLE CIVIL JUDGE (JR. DN) AND J.M.F.C COURT, KOLAR, KOLAR DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 108 BHARATIYA NYAYA SANHITA, 2023 (CORRESPONDING OFFENCE 306 OF IPC). 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 under Section 483 of BNSS, 2023, seeking grant of bail in Crime No.124/2025 of Vemagal Police Station registered for offence under Section 108 of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the accusation against the petitioner is that he is the maternal uncle of Sandhya, wife of Accused No.1 and he gave poison bottle to deceased outside the police station and abated her to drink the said poison and deceased - 3 - HC-KAR NC: 2025:KHC:40932 CRL.P No. 12238 of 2025 consumed the poison and committed suicide. He further submits that the petitioner is maternal uncle of Sandhya, who has married accused No.1 about 10 days prior to the incident. It is also alleged that accused No.1 had married the deceased 20 days prior to the incident. Considering the said aspect, merely because the petitioner gave poison bottle does not amount to abatement to commit suicide. Serious allegations are made against accused No. 1, who is said to have cheated deceased by marrying another lady. Petitioner is in custody since 11.07.2025 and therefore, he is not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that this petitioner gave poison bottle to the deceased and the deceased drank it and committed suicide. The said empty poison bottle has been recovered at the instance of this petitioner, who is stated to have thrown empty bottle at some place. Investigation is pending. With this, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:40932 CRL.P No. 12238 of 2025 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per averments of the complaint, accused No.1 - Tejas had affair with the deceased and he had married her 20 days prior to the incident and subsequently, he married one Sandhya 10 days prior to the incident and brought her to police station where the said Accused No.1 - Tejas has refused the request of the deceased to leave the said Sandhya and take her and at that time, the said Accused No.1 - Tejas asked the deceased to die and he will not come with her. It is at this stage this petitioner - accused No.2 alleged to have given poison bottle to the deceased and told her that if he does not want to come with you, you drink this poison and deceased consumed the said poison and committed suicide. The main accusation is against accused No.1, who said to have cheated the deceased. Only because this petitioner gave poison bottle to the deceased and asked her to drink it, at this stage, it - 5 - HC-KAR NC: 2025:KHC:40932 CRL.P No. 12238 of 2025 cannot be said that he abated the deceased to commit suicide. The petitioner is in judicial custody since 11.07.2025 and therefore, he is not required for custodial interrogation. The offence alleged against the petitioner is not punishable with death or imprisonment for life. The petitioner has undertaken to co-operate with the police in the investigation and abide by the terms and conditions to be imposed by this court. The petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. Petitioner is granted bail in Crime No.124/2025 of Vemagal Police Station, subject to following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:40932 CRL.P No. 12238 of 2025 (ii) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly. (iii) Petitioner shall co-operate with the police in further investigation. (iv) Petitioner 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 DKB List No.: 1 Sl No.: 20 Ct.sm