Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:51935 CRL.P No. 15680 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15680 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
VASANTH @ VASANTH KUMAR G S/O GOVINDAPPA AGED ABOUT 37 YEARS R/O KEELUKOPPA VILLAGE S.G KOTE POST BANGARPET TALUK – 563 114. …PETITIONER
(BY SRI. PAVAN KUMAR G, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY BANGAPET RAILWAY PS REP BY SPP, HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.No.10/2025 OF BANGARPET RAILWAY P.S., PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, BANGARPET, KOLAR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 4 OF THE KARNATAKA PREVENTION OF CHARGING
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:51935 CRL.P No. 15680 of 2025
EXORBITANT INTEREST ACT, 2004, U/S 108, 308(2) OF BNS,
2023.
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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.10/2025 of Bangarpet Railway Police Station registered for offences under Sections 3 and 4 of Karnataka Prevention of Charging Exorbitant Interest Act, 2004 and Sections 108, 308(2)of BNS.
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 who has lent Rs.50,000/- to the deceased has demanded payment of interest when he stopped paying the interest and the same does not amounts to abatement of commit suicide. The petitioner is
- 3 -
HC-KAR NC: 2025:KHC:51935 CRL.P No. 15680 of 2025
interested in getting back his money lent to the deceased and not to take the life of the deceased. The petitioner is ready to co-operate with the Investigating Officer in the investigation and abide by conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the petitioner has taken away the bike of the deceased as he failed to pay interest to the petitioner on the amount borrowed. The said vehicle has been recovered from the petitioner. The deceased has not gone for work from the alleged date when the petitioner asked him to go and die. The investigation is in progress. With this, she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the complaint and other matters placed on the record. 6. As per averments of the complaint, the deceased had borrowed Rs.50,000/- at an interest rate of
- 4 -
HC-KAR NC: 2025:KHC:51935 CRL.P No. 15680 of 2025
10% about 01 year back from the petitioner. The deceased was paying the interest on the amount borrowed since last 10 months and he had not paid interest for 2 to 3 months. The petitioner about 01 week prior to the suicide of the deceased asked the deceased to pay the amount borrowed and interest and took away the bike of the deceased and told him to go and die. The deceased committed suicide, after one week of said incident. The act of the petitioner demanding repayment of money borrowed and taking the bike of the deceased, whether amounts to abatement to commit suicide is matter of investigation and trial. The offence alleged against the petitioner is not punishable either with death or imprisonment or life. The petitioner has undertaken to co- operate with the Investigation Officer in the investigation and abide the conditions to be imposed by this Court. There are no criminal antecedents of the petitioner.
Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. - 5 -
HC-KAR NC: 2025:KHC:51935 CRL.P No. 15680 of 2025
7. In the result, the following
ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.10/2025 of Bangarpet Railway Police Station subject to following conditions;
a) The petitioner -accused shall appear before the Investigating Officer within 10 days from this day and execute a bail bond for the sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. b) The petitioner -accused shall co-operate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. c) The petitioner -accused shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the
- 6 -
HC-KAR NC: 2025:KHC:51935 CRL.P No. 15680 of 2025
case so as to dissuade him from disclosing such a
facts to the court or police officer or tamper with the evidence.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 13