- 1 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14354 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT. SUBBAMMA W/O NARAYANAPPA AGED ABOUT 55 YEARS. 2. SMT. KUSUMA W/O MANJNATH@ MANJU AGED ABOUT 30 YEARS 3. SRI MANJUNATH S/O VENKATASWAMY AGED ABOUT 35 YEARS PETITIONERS NO.1-3 ARE RESIDING AT ADAMPALLI VILLAGE, BATHAMANGALA HOBLI KGF TALUK …PETITIONERS (BY SRI. NOOR UL HUSSAIN.,ADVOCATE) AND: 1. STATE OF KARNATAKA BETHAMANGALA POLICE STATION KGF TALUK, KOLAR REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001 …RESPONDENT (BY SMT.WAHEEDA M M, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT TO RELEASE AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST, IN CRIME NO.105/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 108, 3(5) OF BNS 2023 ON THE FILE OF THE HONBLE ADDITIONAL CIVIL JUDGE (SR.DN) AND CHIEF JUDICIAL MAGISTRATE COURT KOLAR DISTRICT, K.G.F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition has been filed by accused Nos.2 to 4 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.105/2025 of Bethamangala Police Station registered for offence punishable under Section 108 and Section 3(5) of Bharatiya Nayaya Sanhita, 2023. 2. Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent/State. - 3 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 3. The petitioner has not pressed the petition insofar as petitioner number No.3/accused No.4 is concerned, as he has been arrested. 4. The learned counsel for petitioner would contend that the accused No.5, who is similarly placed to that of these petitioners No.1 and 2/accused Nos.2 and 3, has already been granted bail by this Court in Crl. P No.15201/2025 by order dated 18.12.2025. Therefore, the petitioners No.1 and 2 are entitled for grant of anticipatory bail on the ground of parity. The accusation against accused Nos.2 and 3 and accused No.5 is similar. With this, he prayed to allow of the petition. 5. Per contra, the learned High Court Government Pleader for the respondent/State would contend that the charge sheet materials show a prima facie case against the petitioners No.1 and 2/accused Nos.2 and 3. It the petitioners are granted anticipatory bail, there are chances - 4 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 of their threatening the complainant and other prosecution witnesses. With this, she prayed to reject the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. This Court while granting bail to accused No.5 in the order dated 18.12.2025 passed in Crl. P No.15201/2025 has observed as under: "6. Petitioner is stated to be the maternal uncle of accused No. 1. Accused No. 1 is stated to have married the deceased about 2 years back by abducting her and No. 4 kept her in a rented house and had harassed her physically and sexually. Accused Nos. 2 to 4 asked the deceased to lead family life with accused No. 1. There was quarrel between deceased and accused No. 1 as accused had given money to C.W.8 brother of the deceased and in that regard, accused No. 4 had filed a complaint in NCR No. 239/2025 against C.W.8. In that regard deceased had quarreled with accused No. 1. At that time accused Nos. 2, 3, 4 and 5 are stated to have assaulted the deceased and asked her to obey accused No. 1 or otherwise to go and die. Thereafter on 04.09.2025 in regard to the quarrel there were talks in Robertson Police Station and when they came back to the house at about 05.30 p.m. accused No. 1 was making galata - 5 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 in the house and C.W.1 had pacified him. On 05.09.2025 at 08.30 a.m. accused Nos. 1 to 5 have assaulted the deceased and at that time C.W.16, C.W.17 and C.W.18 have pacified the quarrel and thereafter deceased has committed suicide by hanging to a ceiling fan at about 01.30 p.m. 7. Considering the above aspects, the accusation against this petitioner is, threatening the deceased and assaulting her and asking her to go and die, whether the said aspect amounts to abetment to commit suicide or not is a matter of trial. 8. This Court in Cri.P. No. 101826/2024 disposed on 10.09.2024 has observed as under: "8. A word uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation. 9. Where the accused by his acts or by continued course of conduct creates such circumstances that the deceased was left with no other option except to commit suicide and instigation may be inferred. In the case on hand, there is no continued course of conduct of the petitioners which created such circumstances that the deceased was left with no other option except to commit suicide." 8. The accusation against accused No.5 and the petitioners No.1 and 2/accused Nos.2 and 3 is similar. Therefore the petitioners No.1 and 2 are entitled for grant - 6 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 of anticipatory bail on the ground of parity. Now the investigation is over and charge sheet has been filed, and therefore, the petitioners No.1 and 2/accused No.2 and 3 are not required for further interrogation. The offence alleged against the petitioners No.1 and 2/accused No.2 and 3 is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners No.1 and 2/accused Nos.2 and 3. 9. Considering the above aspects, the petitioners No.1 and 2/accused No.2 and 3 have made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioners No.1 and 2/accused Nos.2 and 3 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.105/2025 of Bethamangala Police Station registered for offence punishable under - 7 - HC-KAR NC: 2026:KHC:8235 CRL.P No. 14354 of 2025 Section 108 and Section 3(5) of Bharatiya Nayaya Sanhita, 2023 subject to following conditions: a) The petitioners No.1 and 2/accused Nos.2 and 3 shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court b) The petitioners No.1 and 2/accused Nos.2 and 3 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioners No.1 and 2/accused Nos.2 and 3 shall attend the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 65