- 1 - HC-KAR NC: 2025:KHC:28432 CRL.P No. 10336 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. 10336 OF 2025 BETWEEN: SMT NIKITHA S W/O LATE NAVEEN KUNCHOORA D/O SOMASHEKAR AGED ABOUT 28 YEARS PRESENTLY R/AT NO.924 2ND CROSS, BYRAPPA'S HOUSE RAJU COLONY, YAMALURU BANGALORE - 560 037 PERMANENT ADRESS, SMT. NIKITHA S D/O SOMASHEKAR R/A D B 19/B, BEHIND GIRLS HIGH SCHOOL, NEW TOWN PO BHADRAVATHI, SHIMOGA DISTRICT - 577 301. …PETITIONER (BY SRI SHANKARAPPA, ADV.) AND: THE STATE OF KARNATAKA REP. BY MARATHAHALLI POLICE BANGALORE, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.401/2025 REGISTERED BY THE MARATHAHALLI POLICE PENDING BEFORE THE XXIX ADDL.C.M.M COURT MAYO HALL BENGALURU CITY FOR THE OFFENCE P/U/S 108,3(5) OF BNS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28432 CRL.P No. 10336 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.401/2025 registered by Marathahalli Police Station, Bengaluru City, for the offences punishable under Sections 108 and 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.401/2025 was registered by Marathahalli Police Station, Bengaluru City, for the aforesaid offences against petitioner and others based on the first information dated 26.06.2025 received from Sangan Basava Kunchur, who is the father of deceased Naveen S. Kunchur. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.25476/2025 before the jurisdictional Sessions Court which was rejected on 10.07.2025. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that marriage of the deceased with the petitioner was solemnized - 3 - HC-KAR NC: 2025:KHC:28432 CRL.P No. 10336 of 2025 about six months prior to the deceased committing suicide. In the first information which is submitted by the father of deceased Naveen, he has alleged that after marriage his son Naveen was ill-treated and tortured by his wife and her relatives and unable to withstand the torture meted out by them, he had committed suicide on 26.06.2025 by slitting his neck with a knife. It is further alleged that petitioner had left behind a death note mentioning the name of the accused persons alleging that they are the reason for his death. 5. In the first information which is submitted by father of the deceased, except stating that the petitioner and her relatives were torturing and ill-treating Naveen after marriage, there is no such mention of any such incident in which Naveen was ill-treated or tortured by the accused to the said extent which would have either abetted or instigated him to commit suicide. Merely for the reason that deceased had mentioned in the death note that accused are the cause for his death, the same is not suffice to invoke the offence punishable under Section 108 of BNS, 2023. Petitioner is a lady aged about 28 years and she is said to be working in a multi national - 4 - HC-KAR NC: 2025:KHC:28432 CRL.P No. 10336 of 2025 company. She has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that she has made out a prima facie case for grant of anticipatory bail. Accordingly, the following order:- 6. The 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 her arrest in Crime No.401/2025 registered by Marathahalli Police Station, Bengaluru City, for the offences punishable under Sections 108 and 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and she shall co-operate with - 5 - HC-KAR NC: 2025:KHC:28432 CRL.P No. 10336 of 2025 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 DN