- 1 - HC-KAR NC: 2026:KHC:26215 CRL.P No. 6759 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6759 OF 2026 BETWEEN: SMT. CHANDANA N W/O LATE MADHUPRAKASH AGED ABOUT 25 YEAWRS R/AT VADDARAHALLI BELAGUMBA POST, TUMAKURU TALUK - 572 104. …PETITIONER (BY SRI HARISH GOWDA K.M, ADV., FOR SRI RAGHAVENDRA A.S, ADV.) AND: STATE OF KARNATAKA BY TUMAKURU RURAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED NO. 1) AND DIRECT THE RESPONDENT NO. 1 - TUMAKURU RURAL POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HER ARREST IN CONNECTION WITH CRIME NO. 0073/2026 OF TUMAKURU RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 R/W 3(5) OF THE BNS, 2023, BEFORE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26215 CRL.P No. 6759 of 2026 ORAL ORDER 1. Accused no.1 in Crime No.73/2026 registered by Tumakuru Rural Police Station, Tumakuru, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and the learned Addl. SPP on behalf of the respondent-State. 3. FIR in Crime No.73/2026 was registered by Tumakuru Rural Police Station, for the aforesaid offences against the petitioner and others based on the first information dated 15.03.2026 received from Pushpavathi who is the mother-in- law of the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.470/2026 before the jurisdictional Sessions Court which was rejected on 07.04.2026. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that deceased Madhuprakash was the husband of the petitioner herein. It appears that the relationship between the husband - 3 - HC-KAR NC: 2026:KHC:26215 CRL.P No. 6759 of 2026 and the wife was not cordial. From the wedlock, the couple have two children. In the first information, it is stated that after the relationship between the couple had failed, they were quarrelling with each other and it is in this background, petitioner had earlier approached Kyathasandra Police Station and submitted a complaint against her husband. 5. As per the averments found in the first information, Madhuprakash was frustrated because of the complaint made against him and it is in this background on 14.03.2026, he had committed suicide by hanging himself inside his house. 6. From the aforesaid aspects of the matter, it is apparent that necessary ingredients so as to invoke Section 108 of BNS, 2023, is prima facie absent in the present case. For the purpose of invoking Section 108 of BNS, 2023, the act committed by the accused should have some nexus with the crime and such an act should have instigated or abetted the deceased to commit suicide. Except the petitioner, all the accused have been granted anticipatory bail by the Sessions Court. Under the circumstances, I am of the opinion that - 4 - HC-KAR NC: 2026:KHC:26215 CRL.P No. 6759 of 2026 petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.73/2026 registered by Tumakuru Rural Police Station, Tumakuru, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 5 - HC-KAR NC: 2026:KHC:26215 CRL.P No. 6759 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK List No.: 1 Sl No.: 81