- 1 - HC-KAR NC: 2026:KHC:4254 CRL.P No. 16621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16621 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. AWAZE @ AVEZ KHAN S/O. AYUB KHAN AGED ABOUT 19YEARS R/AT No.5289/1 NEAR ICE FACTORY VIJAYANAGAR BANGARPET TOWN KOLAR DISTRICT – 563 114. …PETITIONER (BY SRI CHETHAN A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANGARPET POLICE STATION KOLAR DISTRICT REPRESENTED BY: SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE THAT IS BANGARPET POLICE TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4254 CRL.P No. 16621 of 2025 ARREST IN CRIME No.254/2025 WHICH IS NOW PENDING ON THE FILE OF HON’BLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, BANGARPET, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108 READ WITH SECTION 3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 3 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 254/2025 of Bangarpet Police Station registered for offence under Section 108 read with Section 3(5) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that allegation against petitioner and accused Nos. 1 and 2 is that they were scolding the deceased stating that he had spoiled the life of their younger sister and were threatening to kill the deceased and that does not amount to abetment to commit suicide. Accused Nos. 1 and 2 have - 3 - HC-KAR NC: 2026:KHC:4254 CRL.P No. 16621 of 2025 been granted bail by the Sessions Court. Petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by the Court. The deceased, even though was alive for two days after he setting fire to himself, has not given any dying declaration. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the offence alleged against the petitioner is abetting the deceased to commit suicide and it is a heinous offence. Petitioner has abused the deceased and threatened to kill him. Petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties this Court has perused the FIR, complaint and other materials placed on record. 6. Deceased was addicted to alcohol and there was a case registered against him as he had held the younger sister of the petitioner, kissed her and case was - 4 - HC-KAR NC: 2026:KHC:4254 CRL.P No. 16621 of 2025 pending in Court. Allegation against petitioner and accused Nos. 1 and 2 is that they used to abuse the deceased stating that he had spoiled the life of their younger sister and threatened to kill him. There is an allegation that accused Nos. 4 and 5 also quarreled with the deceased and abused him. The deceased has committed suicide by pouring petrol on himself and setting fire. The deceased was admitted in hospital between 28.08.2025 till he died on 30.08.2025. It is admitted that the dying declaration of the deceased has not been recorded. Whether the act of the petitioner abusing the deceased and threatening to kill him amounts to abetment to commit suicide is a matter of investigation and trial. Petitioner has undertaken to co- operate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, petitioner has made out a case for grant of bail with conditions. 7. In the result, the following; - 5 - HC-KAR NC: 2026:KHC:4254 CRL.P No. 16621 of 2025 O R D E R Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No. 254/2025 of Bangarpet Police Station subject to following conditions: I. Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. II. Petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation. III. Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 13 Ct.sm