- 1 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 6476 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI G. C MANUPGOWDA S/O G.S CHANDREGOWDA, AGED ABOUT 42 YEARS R/A GUDDAMANE, ALDURU POST, CHIKKAMANGALURU-577 102. …PETITIONER (BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. SUBBA REDDY K N.,ADVOCATE) AND: STATE BY ALDUR POLICE STATION CHIKKAMANGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP A/W SMT. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THE ARREST OF THE PETITIONER BEING APPREHENDED ON THE COMPLAINT AND FIR IN CRIME NO.0045/2026 REGISTERED BY THE RESPONDENT ALDUR POLICE FOR ALLEGED OFFENCES P/U/S 80, 103 R/W 3(5) OF THE BNS 2023 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC COURT, CHIKKAMAGALURU AND DIRECT THE RESPONDENT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is accused No.1 in Crime No. 45 of 2026 registered before the Aldur Police Station, Aldur Circle, Chikkamagaluru District for the offences punishable under Sections 80, 103, Section 3(5) of BNS, Act, 2023 before this Court seeking anticipatory bail. 2. Case of the prosecution is that a complaint dated 05.03.2026 is filed by father of the victim, alleging that marriage of victim was solemnized with petitioner-accused No.1 herein on 20.10.2019 at Chikkamagalur, catering to all the requirements and demands of the accused No.1 and his family members. That initially there was demand indirectly made by the accused No.1, which was satisfied by the complainant by making the payment through his deceased daughter. For over a period of time, he had paid in aggregate sum of Rs.5,00,000/-. That 2 years prior to the date of incident, the mother-in-law of - 3 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 the victim i.e. the mother of accused No.1 suffered paralytic stroke and she is under treatment. She was admitted to hospital in Mangalore. When the accused No.1 and his brother were taking care of his mother in Mangalore, one C.R.Ramesh- accused No.3, uncle of accused No.1 had attempted to sexually assault the victim, which was covered up by the accused No.1, preventing filing of a complaint. 3. That the complainant and the victim had gone to visit the ailing mother of the accused No.1 at First Neuro Hospital, Mangalore on 28.02.2026. During that time accused No.1 had instructed victim to go home and keep the house in order. Failing which, he had threatened to eliminate the family. It is further alleged that after returning from Mangalore, victim had sought for financial help from the complainant for purchase of rice to which he had paid Rs.1,000/-. 4. It is further case of the prosecution that victim having completed her graduation in Information Science was working in Rajiv College of Hassan, which was asked to be discontinued. Thus, the victim was subjected to torture by the accused No.1. That on 05.03.2026 at about 01.15 p.m., - 4 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 accused No.1 herein had informed the complainant that the victim had died by hanging. However, whether if it was a suicide or a murder, was required to be investigated. Accordingly, the complaint filed. 5. Sri. Vivek Subba Reddy, learned Senior Counsel appearing for the accused No.1 submits, there is no specific allegation of accused No.1 aiding, abating or forcing the victim to commit suicide. No ingredients of offence is made out. He submitted the allegation of purported dowry demand was apparently made at the initial days of the marriage. And there are other factors indicated in the complaint which requires to be investigated and tried. 6. Referring to the photographs and the medical records furnished along with the petition, he submits that the mother of the accused No.1-petitioner herein is in her final stage and Coordinate Bench of this Court, taking note of the seriousness of the mother of the accused, has indeed granted bail to accused No.2 who is the brother of the accused No.1. Accused No.3 has also been released on bail. He submits any conditions imposed by this Court would be abided by the - 5 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 accused No.1-petitioner. Hence, seeks for waiver of the petition. 7. Smt. Asma Kouser, Addl. SPP along with Smt. Anitha Girish, learned HCGP on the other hand submit the serious allegations of ill-treatment are attributed to the petitioner. If he is left on bail, there are chances of him influencing the course of investigation. Therefore, seeks for rejection of the bail. 8. Heard. Perused the records. 9. The Apex Court in the case of PATEL BABUBHAI MANOHARDAS AND OTHERS VS. STATE OF GUJARAT reported in 2025 SCC ONLINE SC 503 at paragraphs 22, 23, 24 has held as under; "22. Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. Besides, in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence. 23. This Court in Amudha v. State6 held that there has to be an act of incitement on the part of the accused proximate to the date on which the - 6 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 deceased committed suicide. The act attributed should not only be proximate to the time of suicide but should also be of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide. 24. Again, in the case of Kamaruddin Dastagir Sanadi v. State of Karnataka, this Court observed that discord and differences in domestic life are quite common in society. Commission of suicide largely depends upon the mental state of the victim. Until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict the accused for an offence under Section 306 IPC." 10. Perusal of the complaint as noted above indicate various factors narrated by the complainant. Though the allegations of demand are made, as rightly pointed out by the Senior counsel for the petitioner, they appear to be pertaining to the initial days of the marriage. Admittedly marriage is of 7 years old. 11. In the light of the law laid by the Apex Court as noted above, whether the cause of a death by suicide has been a result of positive action proximate in time or not is required to be investigated. Nonetheless though the charge sheet is not filed, in the light of the medical condition of mother of the accused No.1 produced by way of medical records and - 7 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 photographs and in the light of Co-ordinate Bench of this Court granting bail to accused No.2 and in the light of submission made by the learned Senior counsel and that apart from petitioner -accused No.1 and accused No.2 there is nobody to take care of the ailing mother who is in the last stage, this Court deems it appropriate to grant the anticipatory bail subject to following; ORDER i. Petition is allowed. ii. The respondent - Police are directed to release the accused No.1 -petitioner in the event of his arrest in Crime No.45/2026 registered by Aldur Police Station, Aldur Circle for the offences punishable under Sections 80, 103 read with Sections 3(5) of BNS, Act, 2023 subject to the following conditions: (a). Petitioner-Accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with two local sureties for the likesum to the satisfaction of the jurisdictional Court; (b). Petitioner-Accused No.1 shall appear before the Investigation Officer within 10 days from - 8 - HC-KAR NC: 2026:KHC:22970 CRL.P No. 6476 of 2026 the date of receipt of certified copy of this order and shall continue to appear every day for next 15 days. (c). Petitioner-accused No.1 shall obtain regular bail within 10 days from the date of receipt of certified copy of this order. (d) Petitioner-accused No.1 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report; SD/- (M.G.S. KAMAL) JUDGE RU List No.: 2 Sl No.: 13