Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 26342 (KAR)

NAYANA v. STATE OF KARNATAKA

CRL.P/9393/2026 · 2026-07-06

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33655 CRL.P No. 9393 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9393 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. NAYANA D/O. LATE GANESH K.G, AGED ABOUT 19 YEARS, STUDENT, 2. SMT. VINUTHA, W/O K.H. GANESH A, AGED ABOUT 42 YEARS, HOUSE WIFE, 3. NARENDRABABU H.G., NARENDRA S/O LAGE K.H. GANESHA, AGED ABOUT 21 YEARS, OCC:COOLIE PETITIONERS NO.1 TO 3 ARE R/O. KOTEHAL VILLAGE NYAMATI TALUK DAVANAGERE DIST- 577217. 4. BASAVARAJAPPA B.M., ALIAS THARAGANALLI RAJ, S/O B. MAHADEVAPPA, AGED ABOUT 52 YEARS, R/O. THARAGANALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT -577217. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33655 CRL.P No. 9393 of 2026 5. SANTOSH ALIAS SANTHOS P.G., S/O GANESHA GOWDRU AGED ABOUT 43 YEARS, R/O. HOSAGODNAKOPPA VILLAGE, SHIKARIPURA TALUKU, SHIVAMOGGA DISTRICT-572 427. 6. ANITHA A.V., W/O SANTOSH P.G, AGED ABOUT 39 YEARS, R/AT. HALEGODNAKOPPA, GODNAKOPPA, SHIVAMOGGA DISTRICT-572 427. …PETITIONERS (BY SRI. BASAVARAJ S. SAPPANNAVAR, ADVOCATE) AND: STATE OF KARNATAKA NYAMATHI PS, DAVANGERE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS / ACCUSED NO.1 TO 3 AND 5 TO 7 DIRECTING THE RESPONDENT POLICE I.E NYAMATHI P.S. DAVANAGERE DIST. TO ENLARGE THE PETITIONERS / ACCUSED NO.1 TO 3 AND 5 TO 7 ON BAIL IN THE EVENT OF THEIR ARREST IN NYAMATHI P.S. IN CR.NO.129/2026 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT - 3 - HC-KAR NC: 2026:KHC:33655 CRL.P No. 9393 of 2026 HONNALIK, DAVANAGERE DIST. FOR THE OFFENCE P/U/S 108,54,190 OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 and 5 to 7 are before this Court in this petition filed under Section 482 of BNSS 2023, seeking anticipatory bail in Crime No.129/2026 registered by Nyamathi Police Station, Davanagere for the offences punishable under Sections 108,54,190 of BNS, 2023. 2. Heard the learned counsel for the petitioners and learned HCGP on behalf of respondent-State. 3. FIR in Crime No.129/2026 was registered by Nyamathi Police Station, Davanagere for the aforesaid offences against petitioners herein and others based on the first information dated 02.06.2026 received from Harish.M.H, brother of deceased Pradeep. Apprehending - 4 - HC-KAR NC: 2026:KHC:33655 CRL.P No. 9393 of 2026 arrest in the present case, petitioners had filed Crl.Misc.No.498/2026 before the jurisdictional Sessions Court which was rejected on 24.06.2026. Therefore, they are before this Court. 4. Perusal of the first information dated 02.06.2026 submitted by the first informant would reveal that deceased Pradeep Kumar was in love with accused No.1 - Nayana, aged about 19 years. It is alleged that on the promise to perform the marriage of accused No.1 with the deceased, her relatives had taken money and gold jewellery from him and subsequently, they had decided to perform her marriage with some other boy. After coming to know about the same, deceased had consumed poison leaving behind a voice mail and had committed suicide. Necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023, is prima-facie not present in the first information. Petitioners have undertaken to co-operate with the police for the purpose of investigation. Accordingly, the following: - 5 - HC-KAR NC: 2026:KHC:33655 CRL.P No. 9393 of 2026 ORDER 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 their arrest in Crime No.129/2026 registered by Nyamathi Police Station for the offences punishable under Sections 108, 54 and 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co- operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2026:KHC:33655 CRL.P No. 9393 of 2026 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NS CT:TSM List No.: 1 Sl No.: 34