- 1 - HC-KAR NC: 2025:KHC:43307 CRL.P No. 13212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13212 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT. HEENA S/O BABAJAN SHAHID AGED ABOUT 26 YEARS OCCUPATION: HOUSEWIFE RESIDENT OF CHELAGUDDA CHITRADURGA DISTRICT - 577 501. …PETITIONER (BY SRI N. SRINIVAS, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHITRADURGA KOTE POLICE STATION CHITRADURGA - 577 501. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO RELEASE HER ON ANTICIPATORY BAIL IN CR.No.169/2025 REGISTERED BY CHITRADURGA KOTE P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 R/W 3(5) OF THE BNS, 2023, PENDING ON THE FILE OF HON’BLE COURT OF 2nd ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, CHITRADURGA AND ETC., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43307 CRL.P No. 13212 of 2025 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 petitioner -accused No.1 under Section 482 of BNSS is praying to grant anticipatory bail in Crime No.169/2025 of Chitradurga Kote Police Station registered for offences punishable under Sections 108 read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the deceased who is the husband of the petitioner committed suicide. The allegation against the petitioner is that she is having illicit relation with accused No.2 and she was harassing her husband and asked him to go and die. He submits that merely asking a person to go and die does not amount to abatement to commit suicide. The petitioner is ready to co-operate with the police in the - 3 - HC-KAR NC: 2025:KHC:43307 CRL.P No. 13212 of 2025 investigation. The Offence alleged against the petitioner is not punishable either with death or imprisonment for life. With these, he prayed to allow the petition and grant of anticipatory bail to the petitioner –accused No.1. 4. Per contra, learned Additional SPP for the respondent -State would contend that the petitioner who is having illicit relation with accused No.2 was quarreling with the deceased and harassing him and asked him to go and die. Due to which, the deceased has committed suicide. The matter is under investigation. With this, she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The case has been registered on the first information filed by the younger brother of the deceased. On perusal of the averments of the first information, there is an allegation that the petitioner is having an illicit - 4 - HC-KAR NC: 2025:KHC:43307 CRL.P No. 13212 of 2025 relation with accused No.2 and she was harassing her husband and asked him to go and die. Due to the same, the deceased has committed suicide by hanging. The act of the petitioner and she asking the deceased to go and die, whether amounts to abatement to commit suicide or not is a matter of investigation and trial. The petitioner has undertaken to co-operate with the police in investigation and abide by terms and conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 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 her arrest in Crime No.169/2025 - 5 - HC-KAR NC: 2025:KHC:43307 CRL.P No. 13212 of 2025 of Chitradurga Kote Police Station registered for offences punishable under Sections 108 read with Section 3(5) of BNS subject to following conditions; a) The petitioner –accused No.1 shall appear before the Investigating Officer within 15 days from this day and execute a bail bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of Investigating Officer. b) The petitioner –accused No.1 shall co- operate with the Police in the investigation. c) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. d) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless - 6 - HC-KAR NC: 2025:KHC:43307 CRL.P No. 13212 of 2025 exempted and co-operate speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 16 Ct.sm