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2026 DAILYLAW 29942 (KAR)

K VIJAYAKANTH v. STATE OF KARNATAKA

CRL.P/10479/2026 · 2026-07-21

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010480012026 NC: 2026:KHC:37492 CRL.P No. 10479 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10479 OF 2026 BETWEEN: K. VIJAYAKANTH S/OKANNIYAN AGED ABOUT 42 YEARS R/AT. NO24/2 5TH CROSS KANAKANAGAR, BANGALORE NORTH BANGALURU R.T.NAGAR, KARNATAKA - 560 032. …PETITIONER (BY SRI SHRAYANK S.V, ADV.) AND: 1. STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE STATION REPRESENTED BY THE S.P.P., OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWARMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL THEREBY DIRECTING IN CC.NO.8352/2026 ARISING OUT OF CR.NO.315/2025 AND MOST RESPECTULLY PRAYED THAT THIS HONBLE COURT BE PLEASED TO GRANT ANTICIPATORY BAIL TO THIS PETITIONER AND DIRECT THE RESPONDENT POLICE, FOR THE OFFENCES P/U/S 107,108,3(5) OF BNS, 2023, PENDING BEFORE THE CJM, BENGALURU. 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 CNR: KAHC010480012026 NC: 2026:KHC:37492 CRL.P No. 10479 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.315 of 2025 was registered by Suddaguntepalya Police Station, Bengaluru City for offences punishable under Sections 107 & 108 R/w Section 3(5) 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 parties. 3. FIR in Crime No.315 of 2025 was registered by Suddaguntepalya Police Station, Bengaluru City initially for offences punishable under Sections 107 and 108 of BNS, 2023 against Viji and others based on the first information dated 08.12.2025 received from Smt. Maheshwari, daughter of deceased Smt. Madamma and sister of deceased Smt. Sudha. Apprehending arrest in said case, petitioner had filed Criminal Misc.No.5814 of 2026 before the jurisdictional Sessions Court, which was rejected on 23.06.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010480012026 NC: 2026:KHC:37492 CRL.P No. 10479 of 2026 4. Perusal of the material on record would go to show that, FIR was registered in the present case against four named accused persons based on the death note allegedly left behind by deceased Smt. Sudha. Sarathi, who is now arrayed as accused no.1 in the charge sheet, had approached this Court in Criminal Petition No.17685 of 2025 seeking regular bail and the said petition was allowed by the Co-ordinate bench of this Court on 02.02.2026. In paragraph No.6 of the order passed in Criminal Petition No.17685 of 2025, the Co-ordinate bench of this Court has observed as follows:- "6. There is a death of three persons, namely Sudha, Monish Kumar and Madamma. Monish Kumar is the son and Madamma is the mother of deceased - Sudha. Deceased - Sudha had relationship and business transaction with the petitioner as per statements contained in the death note. As per death note, deceased had money transactions with the petitioner and business transactions with him. There is an allegation in the death note that this petitioner has not repaid the money so as deceased - Sudha to repay the same to the persons from whom she borrowed and given it to the petitioner. Whether non-payment of amount borrowed amounts to abatement to commit suicide is a matter of - 4 - HC-KAR CNR: KAHC010480012026 NC: 2026:KHC:37492 CRL.P No. 10479 of 2026 investigation and trial. Whether deceased Monish Kumar, who is the minor son of deceased Sudha, has committed suicide or whether Sudha has administered poison to him is a matter of investigation. What was the reason for Madamma to commit suicide has to be ascertained in the investigation. The petitioner has undertaken to co- operate with the IO in further investigation, if any. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life". 5. It is not in dispute that, petitioner has no other criminal antecedents. Investigation of the case is already completed and charge sheet has been filed. 6. Considering the aforesaid aspects of the matter and the nature of allegations found against the petitioner in the charge sheet, I am of the opinion that, his prayer for grant of anticipatory bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. - 5 - HC-KAR CNR: KAHC010480012026 NC: 2026:KHC:37492 CRL.P No. 10479 of 2026 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.315 of 2025 was registered by Suddaguntepalya Police Station, Bengaluru City for offences punishable under Sections 107 & 108 R/w Section 3(5) 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 - 6 - HC-KAR CNR: KAHC010480012026 NC: 2026:KHC:37492 CRL.P No. 10479 of 2026 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 NMS List No.: 1 Sl No.: 2