- 1 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200446 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: CHIDANAND S/O DURGAPPA KATTIMANI, AGE: 19 YEARS, OCC: STUDENT, R/O AMBEDKAR NAGAR, NALATAWAD, TQ. MUDDEBIHAL, DIST. VIJAYAPUR-586 212. …PETITIONER (BY SRI. SHIVASHARANA REDDY, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MUDDEBIHAL POLICE STATION, (REPT. BY ADDL. SPP, HIGH COURT OF KARNTAKA AT KALABURAGI BENCH). …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD), U/S. 482 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 AND DIRECT THE RESPONDENT MUDDEBIHAL POLICE STATION TO RELEASE THE PETITIONER/ ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 CRIME NO. 294/2024 OF RESPONDENT MUDDEBIHAL POLICE STATION FOR OFFENCES U/SEC. 107 AND 109 OF BNS-2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM COURT MUDDEBIHAL DISTRICT VIJAYAPURA. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.2 seeking anticipatory bail in Crime No.294/2024, registered by Muddebihal police station, Vijayapur, for the offences under Sections 107 and 190 of BNS, 2023. Brief facts of the case: 2. Smt. Lakshmibai Halli had lodged a complaint on 03.12.2024, stating that her daughter was studying in 10th standard at Veereshawara High School, Nalatawad. It is further stated that her daughter had one friend namely, - 3 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 Gangamma and both were going together and they were known to each other. 3. It is also stated that one Sangamesh, who is the brother of Gangamma became friend to her daughter and gradually, he was trying to become close to her daughter. She further stated that as he was trying to become close to her daughter and also trying to touch her daughter inappropriately, her daughter was annoyed and she told that the said Sangamesh was giving trouble to her. In turn, the complainant had informed to the nephew of her daughter namely, Parashuram and Prabhu. 4. There was a quarrel between Sangamesh and Parashuram and others. It is further stated that Sangamesh and others had assaulted Parashuram and others. In that regard, Bhagya daughter of the complainant had lodged a complaint against Sangamesh and others. Being aggrieved by the complaint, Sangamesh and others stated to have threatened the said Bhagya. - 4 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 Being afraid of the said threatening, her daughter Bhagya committed suicide. Hence, this complaint. 5. It is the submission of the learned counsel for the petitioner that though there are some allegations made against the petitioner and others regarding instigation and intimidation, no specific overt-act attributed against the petitioner. In the absence of specific overt-act, even assuming that the case has been made out against the petitioner would be impossible. Therefore, the petitioners are may be enlarged on bail by imposing suitable conditions. 6. Per contra, the learned High Court Government Pleader vehemently submitted that the petitioner is seeking anticipatory bail for the heinous offences. The custodial interrogation of the petitioner is necessary. The investigation is under progress. In case, if the petition is allowed, it would be difficult for the investigating authority to extract the real truth of the case. Therefore, the petition has to be rejected. - 5 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the daughter of the complainant stated to have died by committing suicide. According to the complaint, the suicide of her daughter had taken place due to instigation and abatement of the petitioner and others. However, on perusal of the averments of the complaint, prima facie, it appears from the record that the entire allegations are omnibus in nature. Therefore, I am of the considered opinion that the petitioner has made out a case to grant the relief as prayed for. It is needless to say that while granting the bail, the merits of the case are not required to be discussed in detail. 8. In the light of the observations made above, I proceed to pass the following: ORDER The criminal petition is allowed. The respondent/Police is directed to release petitioner/accused No.2 in the event of his arrest in Crime - 6 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 No.294/2024 registered by Muddebihal Police Station, for the offences under Sections under Sections 107 and 190 of BNS, 2023, pending before the Court of the Prl. Civil Judge (Sr. Dn) and CJM Court, Muddebihal, Vijaypura subject to the following conditions: a. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. b. The petitioner shall appear before the respondent-Police within a period of one month from today to furnish the sureties and also to execute the bond. c. The petitioner shall appear before the respondent-Police as and when it is required for purpose of the investigation. d. The petitioner shall not leave the jurisdiction of the Court till disposal of the case. - 7 - NC: 2025:KHC-K:1913 CRL.P No. 200446 of 2025 In the event of violation of any conditions, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 21 CT: AK