- 1 - HC-KAR NC: 2026:KHC:26540 CRL.P No. 4447 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4447 OF 2026 BETWEEN: MR. MOHAN M S/O H.S. MADEGOWDA AGE 33 YEARS WORKING AS POLICE HEAD CONSTABLE O/O MALLURU POLICE STATION THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI GANAPATHI C.V, ADV.) AND: THE STATE OF KARNATAKA BY PSI, NEW TOWN POLICE BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI LAKSHMAN B, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 IN THE EVENT OF ARREST BY THE RESPONDENT NEW TOWN POLICE BHADRAVATHI IN CRIME NO.25/2026 AND IN CR NO.141/2026 PENDING BEFORE THE HONBLE 4T CIVIL JUDGE AND JMFC COURT, BHADRAVATHI SHIVAMOGGA DISTRICT FOR THE OFFENCES P/U/S 79, 108, 351(2), 356(4) AND 75 OF THE BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26540 CRL.P No. 4447 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.25/2026 registered by Bhadravathi New Town Police Station, Shivamogga, for the offences punishable under Sections 79, 108, 351(2), 356(4) and 75 of BNS, 2023, is before this Court filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.25/2026 was registered by Bhadravathi New Town Police Station, Shivamogga, for the aforesaid offences against petitioner herein based on the first information dated 20.02.2026 received from Smt. Bhagya, mother of deceased Smt. Swathi. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.5047/2026 before the jurisdictional Sessions Court which was rejected on 07.03.2026. Therefore, he is before this Court. 4. Perusal of the first information would go to show that deceased was married to Jagadish S/o Puttegowda, who was working in Police Department. It appears that Jagadish, who - 3 - HC-KAR NC: 2026:KHC:26540 CRL.P No. 4447 of 2026 was addicted to alcohol, had committed suicide on 14.02.2026. Subsequently, on 20.02.2026, Smt. Swathi had committed suicide in her parents house by hanging herself. First information is subsequently submitted by her mother stating that Swathi had forwarded a Whatsapp message to her stating that petitioner was the reason for her death and it is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. 5. During the course of investigation, police had arrested Manoj S/o Boregowda and was arraigned as accused No.2 in the present case. In the remand application of accused No.2, it is stated that during the course of investigation, police had collected the mobile phone of deceased Swathi and in the said phone, it was found that she was in relationship with aforesaid Manoj. It is under these circumstances, police had arrested Manoj and during the course of his interrogation, he had stated that after he came to know that Swathi was roaming with petitioner herein, he had abused her and subsequently, Swathi had committed suicide. Accused No.2 Manoj has been granted statutory bail in the present case since the police had failed to - 4 - HC-KAR NC: 2026:KHC:26540 CRL.P No. 4447 of 2026 file charge sheet in the present case. As against petitioner herein, except for the alleged WhatsApp message that is said to have been forwarded by the deceased to the first informant stating that petitioner is the cause for her death, there is no other prima facie material to show that he had instigated, abetted or aided the deceased to commit suicide. Under the circumstances, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:- 6. 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.25/2026 registered by Bhadravathi New Town Police Station, Shivamogga, for the offences punishable under Sections 79, 108, 351(2), 356(4) and 75 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/- - 5 - HC-KAR NC: 2026:KHC:26540 CRL.P No. 4447 of 2026 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 witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 51