Smt. Nayana K R Vs the State of Karnataka

SMT. NAYANA K.R W/O LATE ARUNKUMAR AGED ABOUT 29 YEARS R/AT 100, C/O NANJAPPA GOLLAHALLI VILLAGE DODDAGUBBI POST BIDARAHALLI HOBLI BENGALURU - 560 077.

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…PETITIONER

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(BY SRI AMARNATH M, ADV.)

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AND:

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

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THE STATE OF KARNATAKA BY KOTHANUR POLICE STATION BENGALURU CITY, REPT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

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

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THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT HER BAIL CONDITIONALLY AND TO RELEASE THE PETITIONER / ACCUSED NO.1 ON BAIL IN CR.NO.104/2025 REGISTERED BY RESPONDENT KOTHANUR P.S. BENGALURU FOR THE OFFENCE P/U/S 108 OF BNS

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NC: 2025:KHC:20290 CRL.P No. 7463 of 2025

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HC-KAR

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2023 WHICH IS PENDING ON THE FILE OF THE XXIX A.C.J.M BENGALURU.

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.104/2025 registered by Kothanur Police Station, Bengaluru City, for the offence punishable under Sections 108 of BNS, 2023 is before this Court seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.104/2025 was registered by Kothanur Police Station, Bengaluru City for the aforesaid offences against petitioner and three others, on the basis of first information dated 24.04.2025 received from Sri Dhananjaiah, who is the mother of deceased Arun Kumar. During the course of investigation, the petitioner herein

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NC: 2025:KHC:20290 CRL.P No. 7463 of 2025

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HC-KAR

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was arrested on 28.04.2025 and subsequently remanded

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to judicial custody.

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The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.3805/2024 was dismissed on 21.05.2025. Therefore, he is before this Court.

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Perusal of the material on record would go to

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show that, marriage of the petitioner with deceased was solemnized in the year 2016 and from their wedlock they have two children. The first informant, who is a retired police officer has alleged in his first information that after marriage, his son was residing separately with his family members.

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On 25.04.2025, the son of the first informant

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had called him over mobile phone and informed him that after his marriage, he was being ill-treated and tortured by his wife and in-laws and he was not in a position to bear

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4 - NC: 2025:KHC:20290 CRL.P No. 7463 of 2025

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HC-KAR

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the said torture any more. Therefore, he intended to stay in his parents house and accordingly he came to the house of the first informant who is his father and on next date i.e., on 26.04.2025 he had committed suicide by hanging himself in his father's house. The petitioner was arrested in the present case on 28.04.2025 and ever since then she is in custody.

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The deceased has committed suicide in his father's house. Except stating that accused persons were ill-treating and torturing the deceased, there is no mention about any particular incident that had taken place immediately prior to deceased committing suicide, which would have either instigated or abated the deceased to commit suicide.

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8. Considering the aforesaid aspects of the matter

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and also taking into consideration the proviso to Section 480 of BNS, 2023, I am of the opinion that, the prayer

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NC: 2025:KHC:20290 CRL.P No. 7463 of 2025

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HC-KAR

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made by the petitioner for grant of regular bail needs to

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be answered affirmatively.

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Accordingly, the following:

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ORDER

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Criminal Petition is allowed.

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The petitioner is directed to be enlarged on bail in

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Crime No.104/2025 registered by Kothanur Police Station, Bengaluru City, for the offence punishable under Section 108 of BNS, 2023, subject to the following conditions:

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a) The petitioner 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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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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