- 1 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1585 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: SANTHOSH KUMAR R AGED ABOUT 32 YEARS S/O LATE. RAMANJANEYA MALLANAYAKANA HATTI DUBBA HOBLI, MANDYA TALUKA MANDYA-571405. …PETITIONER (BY SRI. KRISHNA PRASAD K., ADVOCATE) AND: STATE BY PAVAGADA P S TUMAKUR DISTRICT REPRESENTED BY S.P.P. HIGH COURT-COMPLEX BANGALORE-560001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.206 /2025 (S.C N 5073/2025) PAVAGADA POLICE STATION, OFFENCE PUNISHABLE UNDER SECTION 108, 85, 351(2),352 54, R/W 3(5) OF BHARATHIYA NYAYA SANHITA (BNS) PENDING ON THE FILE OF 4TH ADDL. DISTRICT SESSION JUDGE TUMKURU(SITTING AT MADHUGIRI. 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 DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 ORAL ORDER 1. Accused No.1 in S.C.No.5073/2025, pending before the Court of IV Additional District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.206/2025 registered by the Pavagada Police Station, Tumakuru, for offences punishable under Sections 108, 85, 351(2), 54, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. FIR in Crime No.206/2025 was registered by Pavagada Police Station, Tumakuru, for the aforesaid offences against the petitioner and others based on the first information dated 20.09.2025, received from Smt.Kanthamma, mother of deceased Saritha. In the said case, petitioner herein was arrested on 21.09.2025 and remanded to judicial custody. After completing - 3 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 investigation, charge sheet has been filed against 4 persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5343/2025 was rejected on 10.12.2025. Therefore, he is before this court. 3. The material on record would reveal that the marriage of the petitioner with Smt.Saritha, who is the deceased in the present case, was solemnized about 6 years prior to the date of alleged incident, in which, Smt.Saritha and her 2 minor children have died. Allegation in the first information as well as in the charge sheet is that the petitioner and his family members were physically and mentally harassing the deceased in her matrimonial house. In this regard, a panchayat was also held and accused persons were allegedly advised to take care of Saritha. 4. On 19.09.2025 at about 08.00 p.m. on the ground that Saritha had put more salt to the sambar, accused - 4 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 Nos.1 to 3 allegedly tortured her physically and mentally and Saritha, who was frustrated because of the ill- treatment meted out on her in her matrimonial house, between 11 a.m. and 12.30 p.m. on 20.09.2025, after locking the main door of the house, smothered her elder child, aged 4 years, to death and thereafter murdered her younger child by slitting the child's throat and subsequently, committed suicide by hanging herself inside her bedroom. 5. Though accused persons allegedly were ill-treating and torturing Saritha in her matrimonial house, particulars of such ill-treatment and torture has not been mentioned either in the first information or in the charge sheet. Undisputedly, no criminal case was registered against any one of the accused prior to the alleged date of incident. In the alleged incident on 19.09.2025, the allegation against the accused persons is that, for the reason that deceased Saritha had put more salt in the sambar, she was humiliated and ill-treated in her matrimonial house. - 5 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 6. For the purpose of attracting the offence punishable under Section 108 of IPC, the act committed by the accused should be of such a nature that the same would in normal circumstances instigate or abet a person to take the drastic step of committing suicide. Accused Nos.2 to 4 have been already enlarged on bail in the present case. Petitioner, who has no criminal antecedents, is in custody from 21.09.2025. Investigation of the case is already completed. The alleged offences are not punishable with death or life imprisonment. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5073/2025, pending before the Court of IV - 6 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 Additional District and Sessions Judge, Pavagada, sitting at Madhugiri, arising out of Crime No.206/2025 registered by the Pavagada Police Station, Tumakuru, for offences punishable under Sections 108, 85, 351(2), 54, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 7 - HC-KAR NC: 2026:KHC:32059 CRL.P No. 1585 of 2026 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 50