Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 13347 (KAR)

SRI. YOGESH D K v. STATE BY SOMWARPET POLICE STATION

CRL.P/407/2026 · 2026-03-04

S Rachaiah

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13193 CRL.P No. 407 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 407 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. YOGESH D K S/O KALAPPA AGED 28 YEARS R/O NAGARAHALLI VILLAGE SHANTHALLI HOBLI SOMWARPET TALUK KODAGU DISTRICT – 571 236. 2. SRI KALAPPA D R S/O LATE RAMAIAH AGED 75 YEARS R/O NAGARAHALLI VILLAGE SHANTHALLI HOBLI SOMWARPET TALUK KODAGU DISTRICT – 571 236. 3. SMT. AKKAMMA D K W/O KALAPPA AGED 70 YEARS R/O NAGARAHALLI VILLAGE SHANTHALLI HOBLI SOMWARPET TALUK KODAGU DISTRICT – 571 236. …PETITIONERS (BY SRI. KUMAR N J, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13193 CRL.P No. 407 of 2026 AND: 1. STATE BY SOMWARPET POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. B LAXMAN, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.1, 2 AND 3 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.221/2025 REGISTERED BY SOMWARPET POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 108 R/W 3(5) OF BNS 2023 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13193 CRL.P No. 407 of 2026 ORAL ORDER 1. This petition is filed by the petitioners who are arrayed as accused Nos.1 to 3 in Crime No. 0221/2025 filed by the respondent – Police for the offences punishable under Section 108, 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that on 10.12.2025, one Smt. K. T. Anitha W/o Tilak K.V lodged a complaint stating that she has received an information over phone by her sister stating that her in-laws had been to work of harvesting the coffee in the coffee garden and returned back in the evening around 06.00 p.m. As she could not prepare the dinner even after 08.00 p.m., she was scolded badly as a result of which she had consumed pesticide. 3. On receiving the said information, the complainant went to the spot and took her to hospital for treatment and immediately she was informed that higher treatment was necessary for the victim. The complainant has shifted the victim to the hospital at Hassan. However, the sister of the - 4 - HC-KAR NC: 2026:KHC:13193 CRL.P No. 407 of 2026 complainant died. Based on the complaint, the respondent – Police registered a case, conducted investigation and submitted the charge-sheet. 3. Heard Sri. Kumar N.J., learned counsel for the petitioners and Sri. B. Laxman, learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioners submits that the petitioners herein are innocent of the alleged offences. Mere scolding and verbal abuse regarding the preparation of dinner cannot be construed as instigation of a person to commit suicide. 5. It is further stated that the petitioners are small farmers, some times working as coolie for their livelihood. They are the rustic villagers. If the petitioners are arrested, it causes greater hardship for their family. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. They will abide the conditions imposed by this Court in the event if, they are released on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:13193 CRL.P No. 407 of 2026 6. Per Contra, learned High Court Government Pleader for respondent vehemently submitted that there was a continuous threat, instigation and abetment to commit suicide. Consequently, the deceased Yogita had consumed pesticide and immediately informed the informant that she had been subjected to cruelty by the petitioners. In fact, there is a nexus between the abetment and also the suicide. 7. It is further submitted that there are number of cases which are being registered on day to day basis against the in-laws for the cruelty/harassment committed to the young women. The manner in which the cruelty and harassment committed to the bride in the matrimonial home known to only the sufferers. 8. If, the petitioners are enlarged on bail, the departed soul certainly would be frustrated. In order to secure the peace to the said soul, it is appropriate to reject the bail petition. Making such submissions, learned High Court Government Pleader prays to reject the petition. 9. Heard learned counsel for the respective parties, perused the averments made in the complaint and the findings - 6 - HC-KAR NC: 2026:KHC:13193 CRL.P No. 407 of 2026 of the Trial Court in rejecting the bail petition. Without adverting to the merit of the case, I am of the considered opinion that the order passed by the Trial Court on rejecting the bail petition is appropriate and correct. Hence, I concur with the said order. 7. Accordingly, this Criminal Petition stands rejected. 8. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE NM