- 1 - HC-KAR NC: 2026:KHC:29296 CRL.P No. 7738 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7738 OF 2026 BETWEEN: 1. DEEKSHA D/O GANESH NAIKA AGED ABOUT 18 YEARS STUDENT R/O VADDIGERE THANDA BEGURU POST SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427. 2. BHARATH S/O SHANKARA NAIKA AGRICULTURIST R/O GEJJENAHALLI VILLAGE KOTEGANGURU POST SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 204. 3. PREETHI W/O BHARATH AGED ABOUT 22 YEARS HOME MAKER R/O GEJJENAHALLI VILLAGE KOTEGANGURU POST SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT 577 427. 4. GANESHA NAIKA S/O SOBYA NAIKA AGED ABOUT 48 YEARS AGRICULTURIST R/O VADDIGERE THANDA BEGURU POST SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29296 CRL.P No. 7738 of 2026 5. BHEEMI BAI W/O GANESH NAIKA AGEDA BOUT 45 YEARS HOME MAKER R/O VADDIGERE THANDA BEGURU POST SHIKARIPUR TALUK SHIVAMOGGA DISTRICT - 577 427. …PETITIONERS (BY SRI RAMAKRISHNA A.V, ADV. PETITION AS AGAINST P-2 IS DISMISSED AS NOT PRESSED V/O/D16.06.2026) AND: STATE BY SUB INSPECTOR OF POLICE DODDABPETE POLICE STATION SHIVAMOGGA REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARANATAKA HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP FOR R-1) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN CR.NO.148/2026 OF DODDAPETE POLICE STATION, SHIVAMOGGA, FOR THE OFFENCES PUNISHABLE UNDER SECTION 62, 352, 351(2),115(2), 108, 238 R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF JMFC II COURT, SHIMOGA DISTRICT, SHIVAMOGA AND DIRECT THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN THE SAID CRIME NUMBER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2026:KHC:29296 CRL.P No. 7738 of 2026 ORAL ORDER 1. Accused nos.1, 3, 4 & 5 are before this Court in this petition filed under Section 482 of BNSS, 2023 registered in Crime No.148 of 2026 by Doddapete Police Station, Shivamogga District, for the offence punishable under Sections 62, 352, 351(2), 115(2), 108, 238 R/w Section 3(5) of BNS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned HCGP on behalf of respondent - State. 3. FIR in Crime No.148 of 2026 by Doddapete Police Station, Shivamogga District for the aforesaid offences against the petitioner and others, based on the first information dated 22.04.2056 received from Sri Manikant M, brother of deceased Sabarish. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.416 of 2026 before the jurisdictional Sessions Court, which was rejected on 12.05.2026. Therefore, they are before this Court. - 4 - HC-KAR NC: 2026:KHC:29296 CRL.P No. 7738 of 2026 4. In the first information, it is stated that the deceased Shabarish and the petitioner herein were in love with each other and it was also decided that their marriage should be performed after obtaining the permission of the parents of the petitioner no.1. After the petitioner no.1 attained age of 18 years, her relatives allegedly decided to get her married to some other boy. It is in this background on 21.04.2026, Sabarish had committed suicide by consuming poison allegedly leaving behind a death note stating that accused persons named in the FIR were cause for his death. 5. A reading of the first information would go to show that, necessary ingredients so as to invoke Section 108 of BNS, 2023 is conspicuously absent in the first information. Accused no.1 / petitioner no. 1, aged about 18 years is the girl with whom deceased was in love. The other accused persons are all her family members. Petitioners have undertaken to cooperate with the police for the purpose of investigation. It is not in dispute that, the petitioners do not have any criminal antecedents. The alleged offences are not punishable with - 5 - HC-KAR NC: 2026:KHC:29296 CRL.P No. 7738 of 2026 death or life imprisonment. Under the circumstances, the following:- ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.148 of 2026 by Doddapete Police Station, Shivamogga District, for the offences punishable under Sections 62, 352, 351(2), 115(2), 108, 238 R/w Section 3(5) of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate - 6 - HC-KAR NC: 2026:KHC:29296 CRL.P No. 7738 of 2026 with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 9