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2026 DAILYLAW 39296 (KAR)

SRI CHETHAN KUMAR B v. THE STATE OFKARNATAKA

CRL.P/12775/2026 · 2026-09-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12775 OF 2026 C/W CRIMINAL PETITION NO. 12659 OF 2026 IN CRL.P No. 12775/2026 BETWEEN: SRI. CHETHAN KUMAR B, SON OF SRI. C. BASAVARAJU, AGED ABOUT 33 YEARS R/A NO.13, CHIKKARAYAPPANAHALLI, MELEKOTE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 205. …PETITIONER (BY SRI. SHREEDEEP N, ADVOCATE FOR SRI. NAGAIAH, ADVOCATE) AND: THE STATE OFKARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, DODDABALLAPURA RURAL POLICE STATION, BENGALURU RURAL DISTRICT, THROUGH ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 561 203 …RESPONDENT (BY SRI. RAHUK RAI K, HCGP) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER, ENLARGE HIM ON BAIL IN CASE OF HIS ARREST BY THE RESPONDENT POLICE IN ITS CRIME NO.268/2026 REGISTERED BY DODDABALLAPURA RURAL POLICE STATION P/U/S 108 R/W SEC. 3(5) BNS 2023 AND PENDING ON PRL. CIVIL JUDGE AND JMFC, DODDABALLAPURA, BANGALORE RURAL DISTRICT BY TAKING SURETY. IN CRL.P NO. 12659/2026 BETWEEN: 1. SHASHIKUMAR K S/O KRISHNAPPA K AGE ABOUT 35 YEARS R/A KANIVENARAYANAPURA VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT - 562 103. 2. SRI. KONDAPPA S/O. KRISHNAPPA.K AGED ABOUT 32 YEARS R/AT. KANIVENARAYANAPURA VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT - 562 103. 3. GANGAREDDY @ GANGARAJU S/O. MUNIKRISHNAPPA AGED ABOUT 39 YEARS R/AT. KANIVENARAYANAPURA VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT - 562 103. ...PETITIONERS (BY SRI. RAJU C.N, ADVOCATE) - 3 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 AND: STATE OF KARNATAKA DODDABALLAPURA RURAL POLICE, BENGALURU RURAL DISTRICT, BANGALORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.268/2026 OF DODDABALLAPURA RURAL POLICE, BANGALORE, ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, DODDABALLAPURA BANGALORE RURAL DISTRICT, FOR THE OFFENCE P/U 108 R/W 3(5) OF BNS. BY ALLOWING THIS PETITION. THESE PETITIONS, 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 4 in Crime No.268/2026 registered by Doddaballapura Rural Police Station, Bengaluru Rural District for the offences punishable under Section 108 read - 4 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 with Section 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the arguments of the learned counsel for the parties. 3. FIR in Crime No.268/2026 was registered by Doddaballapura Rural Police Station, Bengaluru Rural District, for the aforesaid offences against the petitioners herein and another, based on the first information dated 02.07.2026 received from Sri. Ramappa, father of the deceased Umesh. Apprehending arrest in the case, the petitioners, who are arrayed as accused Nos.1 to 4 in the FIR, had approached the jurisdictional Sessions Court in Crl.Misc.No.10171/2026 and Crl.Misc.No.10178/2026. Since their bail applications were rejected by the jurisdictional Sessions Court on 12.08.2026, they are before this Court. - 5 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 4. Material on record would go to show that deceased Umesh, who was the son of the first informant, had committed suicide by hanging himself on 13.04.2026. Thereafter, a UDR case was registered and, after recording the statements of the relatives of the deceased, including the first informant, the same was closed. After a lapse of more than two months from the date of death of Umesh, FIR was registered in the present case based on the first information received from the father of the deceased, who has alleged that the deceased Umesh had left some recording in his mobile phone to the effect that the accused persons named in the FIR were responsible for his death. 5. The first informant has stated that deceased Umesh was addicted to alcohol and was also indulged in gambling and had incurred serious debt. The allegation against the accused persons is that they were demanding money from deceased Umesh. According to the learned counsel for the petitioners, the deceased had borrowed - 6 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 money from the accused. There is no averment in the first information with regard to any act committed by the accused persons immediately prior to deceased Umesh committing suicide which would have abetted or instigated the deceased to take the drastic step of committing suicide. Merely for the reason that the accused persons had demanded repayment of the money borrowed from them by the deceased, the same is not sufficient to attract the alleged offences against them. The petitioners have undertaken to co-operate with the police for the purpose of investigation. Accordingly, the following: O R D E R i) The criminal petitions are 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.268/2026 registered by Doddaballapura Rural Police - 7 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 Station, Bengaluru Rural District for the offences punishable under Section 108 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) 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. b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The 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. - 8 - HC-KAR CNR: KAHC010575592026 NC: 2026:KHC:48421 CRL.P No. 12775 of 2026 C/W CRL.P No. 12659 of 2026 d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 63