- 1 - HC-KAR NC: 2026:KHC:34447 CRL.P No. 9850 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9850 OF 2026 BETWEEN: GAUTHAM GANAPATHI ACHARYA S/O GANAPATHI ACHARYA AGED ABOUT 34 YEARS RESIDING AT NO.SUPARNASA 6-203/3 SHIVAGIRI NAGAR,KARKALA TALUK BELMANNU POST, UDUPI - 576 111. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.250/2026 REGISTERED BY PARAPPANA AGRAHARA P.S., FOR THE OFFENCE P/U/S 108 OF BNS, 2023, PENDING BEFORE THE IX ACJM, BANGALORE. 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:34447 CRL.P No. 9850 of 2026 ORAL ORDER 1. Accused in Crime No.250 of 2026 registered by Parappana Agrahara Police Station, Bangalore City, for offence punishable under Section 108 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 learned Additional State Public Prosecutor on behalf of respondent state. 3. FIR in Crime No.250 of 2026 was registered by Parappana Agrahara Police Station, Bengaluru City for the aforesaid offence against the petitioner herein, based on the first information dated 15.06.2026 received from Smt. Pooja, sister of deceased Sushmita Achar. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.6103 of 2026 before the jurisdictional Sessions Court, which was rejected on 02.07.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:34447 CRL.P No. 9850 of 2026 4. Perusal of the first information registered in the present case would reveal that deceased Sushmita Achar was the wife of the petitioner herein. She had committed suicide on 17.04.2026 by hanging herself. First information is belatedly filed on 15.06.2026 with an allegation that the deceased was insulted and humiliated by her husband and as a result, the deceased was sad. It is further alleged that the first informant had collected evidence which would show that petitioner was in touch with another lady and the same was bothering the deceased. 5. For the purpose of attracting the offence punishable under Section 108 of BNS 2023, the act committed by the accused should have nexus with the death of the deceased and such an act should have aided or abetted the deceased to commit suicide. There is no mention of any such act in the first information which would prima-facie attract the offence punishable under Section 108 of BNS, 2023. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following:- - 4 - HC-KAR NC: 2026:KHC:34447 CRL.P No. 9850 of 2026 ORDER The Criminal 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.250 of 2026 registered by Parappana Agrahara Police Station, Bangalore City, for offence punishable under Section 108 of BNS 2023 subject to the following conditions: 1. The petitioner 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) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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:34447 CRL.P No. 9850 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 28