- 1 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15982 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 16003 OF 2025 (439(Cr.PC) / 483(BNSS)) IN CRL.P.NO.15982/2025: BETWEEN: 1. SRI HARISH NAIK S/O RAMA NAIK AGED ABOUT 27 YEARS, 2. SRI RAMA NAIK S/O DHARMA NAIK AGED ABOUT 72 YEARS, 3. SRI MOHAN NAIK S/O KUMAR NAIK AGED ABOUT 28 YEARS, 4. SRI. LAKSHMAN NAIK @ CHIKKA LAKSHMAN NAIK, S/O DHARMA NAIK, AGED ABOUT 52 YEARS, ALL ARE RESIDING RESIDING AT BORALINGANA PALYA THANDA, KASABA HOBLI, KUNIGAL TALUK-572130 TUMAKURU DISTRICT. …PETITIONERS (BY SRI. BHUVAN K.P., ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 AND: THE STATE OF KARNATAKA, BY KUNIGAL POLICE STATION TUMAKURU DISTRICT-572130 REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT THE REGULAR BAIL IN CR.NO.453/2025 OF KUNIGAL P.S., KUNIGAL, TUMAKURU DISTRICT, PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, TUMAKURU DISTRICT TO RELEASE THEM ON REGULAR BAIL, FOR THE OFFENCES P/U/S 108,352,190 OF BNS, 2023. IN CRL.P.NO.16003/2025: BETWEEN: 1. SRI. VASANTHA KUMAR NAIKA B.L. @ VASANTHA, S/O DODDALAKSHMANA NAIKA, AGED ABOUT 29 YEARS, R/AT BORALINGANA PALYA THANDA, KASABA HOBLI, KUNIGAL TALUK-572 130, TUMAKURU DISTRICT. NOW R/AT NO.16A, 1ST CROSS, NISARGA LAYOUT, ANJANA NAGARA, MUDDINA PALYA, GIDADAKONENA HALLI, BENGALURU. 2. SRI. DODDALAKSHMANA NAIKA, S/O DHARMA NAIKA, AGED ABOUT 70 YEARS, - 3 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 R/AT BORALINGANA PALYA THANDA, KASABA HOBLI, KUNIGAL TALUK-572 130, TUMAKURU DISTRICT. …PETITIONERS (BY SRI. BHUVAN K.P., ADVOCATE) AND: THE STATE OF KARNATAKA, BY KUNIGAL POLICE STATION TUMAKURU DISTRICT-572130 REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT THE REGULAR BAIL IN CR.NO.453/2025 OF KUNIGAL P.S., KUNIGAL, TUMAKURU DISTRICT AND ALSO PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, TUMAKURU DISTRICT TO RELEASE THEM ON REGULAR BAIL, FOR THE OFFENCES P/U/S 108,352,190 OF BHARATIYA NYAYA SANHITA(BNS), 2023. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The Crl.P.No.16003/2025 is filed by petitioners/accused Nos.1 and 6. The Crl.P.No.15982/2025 is filed by the petitioners/accused Nos.2 to 5. The - 4 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 aforementioned petitioners are filed under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') seeking bail in Crime No.453/2025 registered by Kunigal Police Station, Kunigal, Tumakuru district for the offence punishable under Sections 108, 352 and 190 of Bharatiya Nyaya Sanhitha (BNS), 2023. 2. Heard learned counsel for the petitioners and the learned High Court Government Pleader for respondent/State. 3. Learned counsel for petitioners would contend that the accused No.6 had filed a complaint against the complainant and others in Crime No.317/2025 and charge sheet has been filed in the said case against the complainant and others. Thereafter, the wife of the deceased has filed complaints and they came to be registered in Crime No.318/2025, 384/2025 and 448/2025. As case has been registered against the complainant on the complaint of accused No.6 and in order - 5 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 to take revenge, a false complaint has been filed against the petitioners. 4. It is submitted that the petitioners were not present on the spot at the time of alleged incident and there is no death note left by the deceased. The wife of the deceased has not filed any complaint. The accused No.3 is aged 72 years and accused No.6 is aged 70 years. The ingredients of offence under Section 108 of BNS are not attracted. The petitioners are ready to co-operate with the police in further investigation and abide by any conditions to be imposed by this court. The petitioners are in judicial custody since 21.10.2025, they are not required for further custodial interrogation. With this, he prays to allow the petitions. 5. Per contra, learned HCGP contend that averments of the complaint clearly indicate that the words used by the petitioners will touch the character of wife of the deceased. That even the allegation of paternity of the child of the deceased has been questioned. There is no - 6 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 proximity of time between the alleged abatement and the time of suicide. The mobiles of accused persons have been recovered and sent for examination to FSL. Investigation is in progress. With this, she prayed to reject the petitions. 6. Having heard the learned counsels appearing for the parties, the court has perused FIR, complaint and other materials placed on record. 7. The allegations in the complaint filed by brother of the deceased are that the accused persons who are having private video of wife of the deceased are abating or blackmailing the deceased and in that regard, the wife of the deceased has filed complaint and 3 FIRs are registered. It is further alleged that at 02.00 p.m., on 20.10.2025, the petitioners alleged to have went near the house of the deceased and abused him, questioned the character of his wife and paternity of his children and asked him to go and die. Immediately thereafter at 03.30 p.m., the deceased has committed suicide by - 7 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 hanging to a window in the house. The documents produced by the petitioners indicate that on the complaint filed by accused No.6, a case has been registered against the complainant who is the brother of the deceased and others. Even there are three complaints registered on the complaint of wife of the deceased. In the complaint filed by accused No.6 in Crime No.317/2025, charge sheet has been filed against the complainant and others. 8. It is further contended that the complainant registered complaint in order to take revenge as charge sheet has been filed against him on the complaint of accused No.6, he has filed a false complaint against the petitioners. Whether the petitioners have abated the deceased to commit suicide and due to abatement the deceased has committed suicide? is a matter of investigation and trial. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are in custody since 21.10.2025 and as major portion of the investigation is - 8 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 over, they are not required for further custodial interrogation. 9. Considering the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following order: ORDER Both petitions are allowed. The petitioners/accused Nos.1 to 6 are granted bail in Crime No.453/2025 registered by Kunigal Police Station, Kunigal, Tumakuru district for the offence punishable under Sections 108, 352 and 190 of Bharatiya Nyaya Sanhitha (BNS), 2023 , subject to following conditions: (i) The petitioners/accused Nos.1 to 6 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Jurisdictional court;. - 9 - HC-KAR NC: 2025:KHC:52925 CRL.P No. 15982 of 2025 C/W CRL.P.No. 16003 of 2025 (ii) The petitioners shall cooperate with Investigating Officer for investigation. (iii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iv) The petitioners shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE AKV List No.: 1 Sl No.: 11