- 1 - HC-KAR CNR: KAHC010663302026 NC: 2026:KHC:52876 CRL.P No. 14723 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14723 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI CHOTUSAB @ IMAM SAB C S/O AMEER SAB AGED ABOUT 78 YEAARS, RESIDING AT SADUMATA MELEKOTE DODDABALALPURA BANGALORE RURAL-561 208. …PETITIONER (BY SRI/SMT. MARY ROSELIN A., FOR SRI. MOHANKUMARA D.,ADVOCATE) AND: THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL PS BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON ANTICIPATORY BAIL IN EVENT OF HIS ARREST BY THE RESPONDENT DODDABALLAPURA RURAL POLICE STATION BENGALURU RURAL DISTRICT IN CRIME NO.0268/2026 FOR THE OFFENCES P/U/S 108 R/W 3(5) OF THE BNS 2023 ON THE FILE OF THE PRL.CIVIL JUDE AND JMFC COURT, DODDABALLAPURA BANGALORE RURAL DISTRICT AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010663302026 NC: 2026:KHC:52876 CRL.P No. 14723 of 2026 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 No.5 in Crime No.268/2026 registered by Doddaballapura Rural Police Station, Bengaluru Rural District for the offences punishable under Section 108 read with 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 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 Sri. B. Chethan Kumar and others, based on the first information dated 02.07.2026 received from Sri. Ramappa, father of the deceased Umesh. Apprehending arrest in the said case, the petitioner, who is arrayed as accused No.5 in the FIR, - 3 - HC-KAR CNR: KAHC010663302026 NC: 2026:KHC:52876 CRL.P No. 14723 of 2026 had approached the jurisdictional Sessions Court in Crl.Misc.No.10178/2026. Since, his bail application was rejected by the jurisdictional Sessions Court on 12.08.2026, he is before this Court. 4. Accused Nos.1 to 4 in the present case had approached this Court in Crl.P.No.12775/2026 C/w Crl.P.No.12659/2026 under Section 482 of BNSS, 2023 seeking anticipatory bail. The said petitions were allowed by this Court vide order dated 07.09.2026, wherein at paragraph Nos.4 and 5, it is observed as follows: "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 - 4 - HC-KAR CNR: KAHC010663302026 NC: 2026:KHC:52876 CRL.P No. 14723 of 2026 counsel for the petitioners, the deceased had borrowed 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." 5. The aforesaid reasoning assigned by this Court while granting anticipatory bail to accused Nos.1 to 4 in the present case is squarely applicable to the petitioner's case. Accordingly, the following: O R D E R i) The criminal petition is allowed. ii) 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.268/2026 registered by Doddaballapura Rural Police Station, Bengaluru Rural District for the offences punishable under Section 108 read with Section 3(5) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR CNR: KAHC010663302026 NC: 2026:KHC:52876 CRL.P No. 14723 of 2026 a) The petitioner 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/- with two sureties for the likesum to the satisfaction of the Investigating Officer. b) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The petitioner shall not tamper with the prosecution witnesses and he shall co- operate with the police for investigation and appear before them whenever called upon. d) The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE RL/- List No.: 1 Sl No.: 28