- 1 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15201 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SUBRAMANI S/O LATE MUNIYAPPA AGED ABOUT 48 YEARS R/AT ADAMPALLI VILLAGE KGF TALUK KOLAR DISTRICT – 563 122. …PETITIONER (BY SRI CHETHAN A, ADVOCATE) AND: 1. STATE OF KARNATAKA SUB INSPECTOR OF POLICE BETHAMANAGALA POLICE STATION KGF TALUK KOLAR DISTRICT REP. BY SPP HIGHG COURT BUILDING BANGALORE – 560 001. 2. SMT. GANGAMMA W/O LATE CHANDRAPPA AGED ABOUT 35 YEARS R/AT ADAMPALLI VILLAGHE KGF TALUK KOLAR DISTRIOCT – 563 122. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL. SPP FOR R-1 R-2 SERVED & UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME No.105/2025 FOR OFFENCE PUNISHABLE UNDER SECTIONS 108, 137(2), 127(2), 190 OF BNS 2023 READ WITH SECTIONS 8, 12, 17 OF POCSO ACT 2012 (AS PER REMAND APPLICATION ANNEXURE C) ON THE FILE OF BETHAMANGALA POLICE STATION, KGF TALUK KOLAR DISTRICT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the `BNSS’) praying to grant bail in Crime No. 105/2025 of Bethamangala Police Station registered for offences under Section 108, 137(2), 127(2), 190 of Bharatiya Nyaya Sanhita read with Section 8, 12 and 17 of POCSO Act. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent No. 1. Inspite of service of notice respondent No. 2 remained absent and unrepresented. - 3 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 3. Learned counsel for petitioner would contend that there was a complaint by accused No. 4 against C.W.8 - brother of the deceased and in that regard, she had quarreled with accused No. 1. In the complaint it was mentioned that the deceased had made a phone call to the complainant on 05.09.2025 at 08.30 a.m. and she had informed that Manjunatha, Gangaraju, Kusuma and Subbamma have assaulted her in the house. Said aspect does not include the name of this petitioner - Subramani. The act of this petitioner does not amount to abetment to commit suicide. He further submits that a word uttered in a fit of anger or emotion, without intending the consequences to actually follow, cannot be said to be instigation and on that point he places reliance on the order passed in Crl.P. No. 101826/2024 disposed 10.09.2024. He further submits that in the inquest and in the statements of witnesses, age of the deceased has been mentioned as 19 years and therefore offence under the POCSO Act is not attracted. As charge sheet is filed - 4 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 the petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that there were quarrels between the deceased and accused Nos. 1 to 5. Accused Nos. 1 to 5 were ill- treating, harassing, assaulting the deceased and told her to go and die. Therefore, the deceased has committed suicide by hanging to a ceiling fan. The charge sheet material show prima facie case against the petitioner for offence alleged against him. With this she prayed to reject the petition. 5. Having heard learned counsel for the petitioner and learned Additional SPP for the respondent – State this Court has perused the charge sheet and other materials placed on record. 6. Petitioner is stated to be the maternal uncle of accused No. 1. Accused No. 1 is stated to have married the deceased about 2 years back by abducting her and - 5 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 kept her in a rented house and had harassed her physically and sexually. Accused Nos. 2 to 4 asked the deceased to lead family life with accused No. 1. There was quarrel between deceased and accused No. 1 as accused No. 4 had given money to C.W.8 - brother of the deceased and in that regard, accused No. 4 had filed a complaint in NCR No. 239/2025 against C.W.8. In that regard deceased had quarreled with accused No. 1. At that time accused Nos. 2, 3, 4 and 5 are stated to have assaulted the deceased and asked her to obey accused No. 1 or otherwise to go and die. Thereafter on 04.09.2025 in regard to the quarrel there were talks in Robertson Police Station and when they came back to the house at about 05.30 p.m. accused No. 1 was making galata in the house and C.W.1 had pacified him. On 05.09.2025 at 08.30 a.m. accused Nos. 1 to 5 have assaulted the deceased and at that time C.W.16, C.W.17 and C.W.18 have pacified the quarrel and thereafter deceased has committed suicide by hanging to a ceiling fan at about 01.30 p.m. - 6 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 7. Considering the above aspects, the accusation against this petitioner is, threatening the deceased and assaulting her and asking her to go and die, whether the said aspect amounts to abetment to commit suicide or not is a matter of trial. 8. This Court in Crl.P. No. 101826/2024 disposed on 10.09.2024 has observed as under: “8. A word uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation. 9. Where the accused by his acts or by continued course of conduct creates such circumstances that the deceased was left with no other option except to commit suicide and instigation may be inferred. In the case on hand, there is no continued course of conduct of the petitioners which created such circumstances that the deceased was left with no other option except to commit suicide.” 9. Now investigation is over and charge sheet has been filed and therefore the petitioner is not required for further custodial interrogation. The offence alleged against - 7 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 the petitioner is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 10. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in Crime No. 105/2025 of Bethamangala Police Station subject to following conditions: I. Petitioner shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 8 - HC-KAR NC: 2025:KHC:54297 CRL.P No. 15201 of 2025 III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 19 Ct.sm