Sri Ashoka Enturi (A-1) Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

Sri Ashoka Enturi (A-1) Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 482 BNSS, 2023: respondent-Police or any other police in Karnataka directed to release the petitioner on arrest in CC No.9973/2025 (Crime No.291/2024, Bagalagunte Police Station), subject to a personal bond of Rs.1,00,000/- with two sureties for the likesum, appearance before the Investigating Officer within 15 days, regular trial attendance, non-tampering with witnesses and cooperation with investigation, and abstention from similar offences.

Issue for consideration

Whether the petitioner, Accused No.1 in CC No.9973/2025 (Crime No.291/2024, Bagalagunte Police Station), is entitled to anticipatory bail under Section 482 of BNSS, 2023 for the offences punishable under Sections 108, 352 read with Section 3(5) of BNS, 2023. +1 more

Court's answer

The prayer for anticipatory bail is answered affirmatively: the alleged offences are not punishable with death or life imprisonment; the petitioner has no other criminal antecedents; Accused No.2 has already been granted regular bail; and after completion of investigation the charge sheet has been filed.

Ratio / Principle

Petition allowed: respondent-Police (or any other police in Karnataka) directed to release the petitioner on arrest in CC No.9973/2025, subject to conditions including execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum, appearance before the Investigating Officer within 15 days, regular trial-court appearances, no tampering with prosecution witnesses and cooperation with investigation, and abstention from similar offences.

Key takeaways

Observations weighing against the prosecution version: the first information was lodged after a delay of more than 24 hours and makes no mention of any death note, and although the charge sheet mentions a death note dated 29.07.2024, it nowhere states from where the said death note was recovered during investigation; further, the deceased had allegedly not revealed the obscene messages to her husband until he checked her phone himself.obiter¶41

Detailed headnote1 paragraphs

Anticipatory bail – S.482 BNSS, 2023 – Offences punishable under Ss.108, 352 r/w 3(5) BNS, 2023 (Crime No.291/2024, Bagalagunte P.S.; CC No.9973/2025, XXXI ACJM, Bengaluru) – Petitioner/Accused No.1's earlier application Crl.Misc.No.3197/2025 rejected on 25.04.2025 – First information of husband (dated 31.07.2024) regarding death of his wife Mamatha on 30.07.2024, alleging obscene messages from accused classmates; FIR lodged after delay of over 24 hours and silent on any death note; charge sheet mentions death note dated 29.07.2024 but not its place of recovery – Alleged offences punishable neither with death nor life imprisonment – Petitioner has no criminal antecedents – Co-accused A-2 already enlarged on regular bail – Investigation complete, charge sheet filed; custodial interrogation unnecessary – Petition allowed; release on arrest on personal bond Rs.1,00,000/- with two sureties, appearance before I.O. within 15 days, and usual conditions.

1 -

NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 6961 OF 2025

BETWEEN:

SRI ASHOKA ENTURI (A-1) S/O NARASIMHAIAH AGED ABOUT 32 YEARS R/AT NO.201, BHCS LAYOUT 5TH CROSS, UTTARAHALLI BENGALURU CITY - 560 061 PERMANENT ADDRESS R/AT NO.1/62, G C S KANDIKAI ENR KANDIKAI GOWRIPURAM CHINNASUBBARAJU, KANDIGAI EMRAKANDIGAL PALIPATLU TURUVALLUR TAMIL NADU STATE - 631 304.

…PETITIONER

(BY SRI SHIVANANDA REDDY R.V, ADV.)

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE, BANGALORE REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

…RESPONDENT

(BY SMT. ASMA KOUSER, ADDL. SPP)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN CR.NO.291/2024 REGISTERED BY BAGALAGUNTE POLICE, BENGALURU IN CC.NO.9973/2025, FOR THE OFFENCES P/U/S 108,3(5),352 OF BNS, 2023, ON THE FILE OF THE XXXI ACJM, BENGALURU, BENGALURU CITY.

2 -

NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

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.1 in CC No.9973/2025 pending before the Court of XXXI Addl. Chief Judicial Magistrate, Bengaluru, arising out of Crime No.291/2024 registered by Bagalagunte Police Station, Bengaluru, for the offences punishable under Sections 108, 352 read with Section 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

Heard the learned counsel for the parties.

FIR in Crime No.291/2024 was registered by Bagalagunte

Police Station, Bengaluru, for the aforesaid offences against petitioner and another based on the first information dated 31.07.2024 received from Lokesh, who is the husband of deceased Mamatha. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3197/2025 which was rejected on 25.04.2025. Therefore, he is before this Court.

3 - NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

Learned counsel for the petitioner submits that first information lacks necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023, against the accused. Accused No.2, who was arrested in the present case has been enlarged on bail. Investigation in the case is completed and charge sheet has been filed. Petitioner's custodial interrogation is not required. Accordingly, he prays to allow the petition.

Per contra, learned Addl. SPP has opposed the petition. She submits that petitioner has been absconding from the date of registration of FIR and has not cooperated with the police for the purpose of investigation. There is a death note left behind by the deceased wherein she has made specific allegations against accused persons. Accordingly, she prays to dismiss the petition.

In the first information which is submitted by the husband of deceased Mamatha, he has stated that he and Mamatha were in love from the year 2012 onwards and they got married in a Temple in the presence of their family members in the year 2021. Thereafter, they were living together as husband and

4 -

NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

wife. About two months prior to the date of the first information when he was randomly checking his wife's mobile phone, he found that she had received certain obscene messages on her mobile phone and on enquiry, she had informed that accused persons, who were her classmates have been sending such messages to her, inspite of she objecting for the same. Thereafter, the first informant allegedly called the accused persons over their mobile phone and advised them not to send any messages to his wife's mobile phone. Inspite of the same, the accused persons allegedly continued to send messages to his wife and on 29.07.2024, his wife was found depressed and when he enquired, she informed that accused persons were still troubling her.

On the night of 29.07.2024, after the first informant had gone out to work, Mamatha allegedly had committed suicide in their house by hanging herself and though immediately she was shifted to Hospital, thereafter on 30.07.2024 at about 12.10 a.m., she had died. It is in this background, first information was submitted on 31.07.2024 at about 15.10 hours which is after a delay of more than 24 hours. Though the deceased was

5 - NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

allegedly receiving obscene messages from the accused persons, she had not revealed the same to her husband and it is only when the husband randomly checked her mobile phone, he came to know about the obscene messages and it appears that thereafter first informant had quarreled with the accused persons. In the first information which is submitted after a period of 24 hours from the time deceased had committed suicide, there is no mention about the deceased leaving behind any death note and though in the charge sheet, there is a mention that deceased has left behind a death note dated 29.07.2024, it is not stated from where the said death note was recovered during the course of investigation. It is not in dispute that the petitioner has no other criminal antecedents. The alleged offences are not punishable with death or life imprisonment. Accused No.2, who was arrested in the present case has been already granted regular bail. After completion of investigation, charge sheet is also filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

6 -

NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

The petition is allowed. 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 CC No.9973/2025 pending before the Court of XXXI Addl. Chief Judicial Magistrate, Bengaluru, arising out of Crime No.291/2024 registered by Bagalagunte Police Station, Bengaluru, for the offences punishable under Sections 108, 352 read with Section 3(5) of BNS, 2023, subject to the following conditions:

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.

Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

7 -

NC: 2025:KHC:19596 CRL.P No. 6961 of 2025

HC-KAR

The petitioner shall not involve in similar offences in future.

Sd /-

(S VISHWAJITH SHETTY)

JUDGE

DN