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2026 DAILYLAW 36413 (KAR)

SHIVARAJA K.H. v. THE STATE BY BASAVAPATNA POLICE STATION,

CRL.P/12436/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010565862026 NC: 2026:KHC:44042 CRL.P No. 12436 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12436 OF 2026 BETWEEN: 1. SHIVARAJA K.H. S/O. LATE. HALASIDDAPPA AGED ABOUT 34 YEARS. 2. MANJU ALIAS MANJUNATHA K.H S/O. LATE. HALASIDDAPPA AGED ABOUT 28 YEARS. 3. SUNIL K.H S/O. LATE. HALASIDDAPPA AGED ABOUT 32 YEARS. 4. KIRAN N S/O. LATE. NAGARAJAPPA AGED ABOUT 32 YEARS. ALL ARE R/AT TYAVANIGE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. …PETITIONERS (BY SRI S.G. RAJENDRA REDDY, ADV.) AND: THE STATE BY BASAVAPATNA POLICE STATION, DAVANAGERE DIST. RPTD. BY S.P.P., HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI S.G. RAJENDRA REDDY, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.92/2026 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010565862026 NC: 2026:KHC:44042 CRL.P No. 12436 of 2026 BASAVAPATNA POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 108, 351(2), 190 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) AND JMFC COURT, CHANNAGIRI, DAVANAGERE DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 4 in Crime No.92 of 2026 registered by Basavapatna Police Station, Davanagere District, for offences punishable under Sections 108, 351(2), & 190 of BNS, 2023 are before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned HCGP for respondent - State. 3. FIR in Crime No.92 of 2026 was registered by Basavapatna Police Station, Davanagere District against the petitioners herein and others based on the first information dated 14.06.2026 received from Smt Kavitha wife of deceased Doddappa R. Apprehending arrest, the petitioners had filed Crl.Misc.No.598 of 2026 before the jurisdictional Sessions - 3 - HC-KAR CNR: KAHC010565862026 NC: 2026:KHC:44042 CRL.P No. 12436 of 2026 Court, which was rejected on 28.07.2026. Therefore, they are before this Court. 4. Perusal of the first information dated 14.06.2026 would go to show that, the husband of the first informant had committed suicide near his house at about 8.00 p.m, on 13.06.2026. It appears that, he had left behind a death note and therefore, the first information was submitted on 14.06.2026, based on which FIR has been registered against the petitioners and others. In the first information, it is alleged that, the accused persons named in the FIR had monetary transactions with the deceased and they were demanding payment of money and were torturing the deceased. It is also alleged that, ever since the year 2018, the deceased was being physically and mentally tortured and therefore he had committed suicide. There is no mention of any act which the accused persons had committed immediately prior to the deceased committing suicide which could have either abetted or instigated him in taking the drastic step to commit suicide. - 4 - HC-KAR CNR: KAHC010565862026 NC: 2026:KHC:44042 CRL.P No. 12436 of 2026 5. Considering the nature of allegations as against the petitioners who do not have criminal antecedents, the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:- ORDER (i) The Criminal Petition is allowed. (ii) 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.92 of 2026 registered by Basavapatna Police Station, Davanagere District, for offences punishable under Sections 108, 351(2), & 190 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. - 5 - HC-KAR CNR: KAHC010565862026 NC: 2026:KHC:44042 CRL.P No. 12436 of 2026 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 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.: 29