Mr. Kantharaju Vs the State of Karnataka through

MR. KANTHARAJU SON OF KAPU SIDDAPPA @ LATE SIDDAPPA, AGED ABOUT 44 YEARS, R/AT CHINNA CHOLA GIRI VILLAGE, MADAKASHIRA TALUK, GUDIBANDA HOBLI, SHREE SATHYASAI DISTRICT, ANDHRA PRADESH-515 271.

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…PETITIONER (BY SRI. RAJANNA B C., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH HEBBAGODI POLICE STATION, BENGALURU-560 099, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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…RESPONDENT (BY SMT. ASMA COUSER, ADDL. SPP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.293/2025 OF HEBBAGODI POLICE STATION, BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCE P/US/ 108 OF BNS 2023 (BNS) WHICH IS PENDING ON THE FILE OF THE HONBLE 2^nd ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT.

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NC: 2025:KHC:35042 CRL.P No. 10996 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the arguments and perused the material on record.

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FIR in Crime No.293/2025 of Hebbagodi Police

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Station, Bengaluru Clity is registered against accused Nos.1 to 3 and others, for the offence punishable under Section 108 of the BNS, 2023.

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Petitioner is arraigned as accused No.1 in the FIR. He was arrested on 12.06.2025. His bail petition has been rejected by the learned Sessions Judge in Crl.Misc.No.5268/2025 vide order dated 04.07.2025. Hence, this petition.

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First informant is the father of deceased Krishnamurthy. It is alleged that he married petitioner's daughter Sowmya, and it was a love marriage. On 11.06.2025 at 09:00 a.m. one Seena, informed the first

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NC: 2025:KHC:35042 CRL.P No. 10996 of 2025

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HC-KAR

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informant that his son has committed suicide by hanging. Suspecting the role of petitioner and his relatives complaint was lodged against him.

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The learned Additional SPP contended that

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death note of the deceased has been sized and in view of the complaint averments and the material collected, there is a prima-facie case against the petitioner. She contended

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that, petitioner and other accused have abused and quarreled with the deceased for marrying Sowmya and they took away his mobile phone and therefore, having no other alternative, he took the extreme step. Further, contended that the investigation is pending and therefore, petitioner is not entitled for bail.

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Learned counsel for petitioner has contended that even accepting the case of prosecution that the accused have abused and quarreled with the deceased, the ingredients of the offence alleged are not made out. Petitioner is arrested and interrogated and not required for

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NC: 2025:KHC:35042 CRL.P No. 10996 of 2025

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HC-KAR

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further interrogation and therefore, by imposing any conditions, he may be enlarged on bail.

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A perusal of the complaint reveals that, first informant's son deceased Krishnamurthy married petitioner's daughter, by name Sowmya and it was a love marriage. After the marriage, deceased was residing with Sowmya in Gollahalli, Bengaluru. He committed suicide by hanging on 11.06.2025. Complaint is lodged against the parents of Sowmya as well as one Nandini and others. Petitioner/accused No.1 was arrested on 12.06.2025.

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As per remand application, accused secured deceased Krishnamurthy and Sowmya to Dabaspete and quarrelled with Krishnamurthy, abused and threatened him saying that he should not trouble Sowmya and took away his mobile phones. Further, they took Sowmya along with them.

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From the material on record it can be seen that

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accused told the deceased not to trouble Sowmya and

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5 - NC: 2025:KHC:35042 CRL.P No. 10996 of 2025

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HC-KAR

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took her to their house. Probably it prompted the deceased to take the extreme step.

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The ingredients of the offence alleged against

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the petitioner have to be established in trial. It has to be shown that the accused have intentionally aided or abetted

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the deceased to commit suicide. Petitioner has no criminal antecedents. He has been arrested and interrogated. He is not required for further interrogation/ investigation. Hence, by imposing conditions, petitioner can be enlarged on bail. Accordingly, the following:-

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ORDER

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i) Petitioner is allowed .

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ii) Petitioner/accused No.1 in Crime No. 293/2025

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of Hebbagodi Police Station, pending on the file of II Additioan civil Judge (Junior Division) and JMFC Court, Anekal, Bengaluru Rural District, shall be enlarged on bail subject to following conditions:

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6 - NC: 2025:KHC:35042 CRL.P No. 10996 of 2025

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HC-KAR

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He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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