Smt. Sangeetha S Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2026)

Smt. Sangeetha S Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be enlarged on bail in the event of arrest in Crime No.302/2025 of Magadi Road Police Station on executing personal bond of Rs.1,00,000/- each with one surety each for the like sum, subject to conditions (no tampering with prosecution witnesses; attendance at trial Court on all hearing dates unless exempted; no commission of similar offences; liberty to prosecution to seek cancellation if involved in any offence).

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (accused Nos.1 and 2) in connection with Crime No.302/2025 of Magadi Road Police Station for alleged offences under Sections 108 read with 3(5) of BNS, 2023. +1 more

Court's answer

Having considered the gravity and the overt-act of the petitioners, it is appropriate to grant the relief prayed for: the petition is allowed and the petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.302/2025 on executing personal bond for Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court.

Ratio / Principle

The petitioners are relatives of the deceased; a quarrel between the deceased and the petitioners in respect of the interest, by itself, is not sufficient to indicate that the petitioners instigated the deceased to commit suicide.

Key takeaways

The grant of bail is subject to conditions: the petitioners shall not tamper with prosecution witnesses directly or indirectly; shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal; and shall not indulge in commission of any similar offence until disposal of the case, failing which the prosecution may seek cancellation of the bail.ratio¶57

Detailed headnote1 paragraphs

Anticipatory bail (filed under S.438 Cr.PC / U/S 482 BNSS) granted to husband and wife (accused Nos.1 and 2) in Crime No.302/2025 of Magadi Road Police Station, Bengaluru, pending before the XXIV Additional Chief Judicial Magistrate, for alleged offences under Sections 108 read with Section 3(5) of BNS, 2023 (abetment of suicide). Complaint by Smt. Chandrika: her husband had borrowed Rs.50,000/- from the petitioners; after default of two months' interest (owing to their child's illness) he committed suicide by hanging on 15.12.2025, and the accused allegedly visited the house and threatened her. Held (S Rachaiah J): the petitioners are relatives of the deceased, and a quarrel over interest alone is not sufficient to indicate instigation to commit suicide; considering the gravity and overt-act of the petitioners, the relief was granted — enlargement on bail in the event of arrest on personal bond of Rs.1,00,000/- each with one surety each, with conditions against tampering with witnesses, mandating attendance at trial Court, and forbidding similar offences. Parity was urged with bail earlier granted to similarly placed accused Nos.3 to 5 in Crl.P No.17531/2025 (DD 26.12.2025).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 113 OF 2026 (438(Cr.PC) /

482(BNSS))

BETWEEN:

SMT. SANGEETHA S W/O SIVASHANKAR AGED ABOUT 34 YEARS R/AT NO. 11, 1^ST CROSS, CHRISTIAN COLONY, SRIRAMPURAM BANGALORE-560 021.

Digitally signed by PAVITHRA N

Location: High Court of Karnataka

SRI. SHIVA @ SHIVASHANKAR D S/O DEVARAJ, AGED ABOUT 36 YEARS R/AT 103, JCW NAGAR, SHESHADRIPURAM BENGALURU-560 020.

(BY SRI. VISHRUTH C.,ADVOCATE)

AND:

…PETITIONERS

THE STATE OF KARNATAKA BY MAGADI ROAD POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU 560 001

…RESPONDENT

(BY Smt.ANITHA GIRISH, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT OF ANTICIPATORY BAIL TO THE PETITIONERS IN CONNECTION WITH CRIME NO. 302/2025 REGISTERED AT MAGADI ROAD POLICE STATION FOR ALLEGED OFFENCES UNDER SECTION 108 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, AT ANNEXURE-A, PENDING BEFORE THE XXIV ADDITIONAL CHIEF JUDICIAIL MAGISTRATE, BENGALURU CITY.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

The petitioners are accused Nos.1 and 2 seeking

regular bail in Crime No.302/2025 of Magadi Road Police Station for the offences punishable under Sections 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XXIV Additional Chief Judicial Magistrate, Bengaluru City.

Brief facts of the case :

The case of the prosecution is that a complaint

was lodged by one Smt. Chandrika stating that there had been a monetary transaction between her family and the petitioners about three years ago. It is alleged that her

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husband had borrowed a sum of Rs.50,000/- from the petitioners. Owing to the illness of their young child, she and her husband were unable to pay the monthly interest for two months. It is further alleged that her husband committed suicide by hanging at his residence on 15.12.2025 at about 2.00 a.m. On the said day, the accused persons are stated to have visited the house of the complainant and threatened her with dire consequences if the amount was not repaid. Hence, the complaint came to be filed.

Based on the said complaint, the

respondent/police registered a case and, the investigation is under progress.

The submissions of the learned counsel for the petitioners are that the complaint has been filed with an intention to harass the petitioners. There is no overt-act attributed against the petitioners. The allegations made in the complaint are baseless and bald. Mere pressurizing the

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deceased to return the amount of which he had borrowed

would not attract the ingredients of abatement.

It is further submitted that the petitioners are husband and wife. They are having children and they are permanent residents of the address shown in the cause title. The petitioners are having no criminal antecedents and are having deep roots in the society.

The learned counsel for the petitioners further submitted that accused Nos.3 to 5, who are similarly placed as that of these petitioners have been granted bail by this Court in Crl.P No.17531/2025 (DD 26.12.2025). Therefore, the petitioners may be enlarged on bail on the ground of parity. Making such submissions, the learned counsel for the petitioners prays to allow the petition.

Per contra , the learned High Court Government Pleader for the respondent/State vehemently submits that the petitioners were continuously harassing the complainant and her husband in connection with the loan

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of Rs.50,000/- which was availed by the deceased .

As the complainant and her husband were unable to pay the interest amount, they were allegedly subjected to harassment by the petitioners. It is further submitted that the investigation is under progress. At this stage, if the petitioners are enlarged on bail, there is every likelihood of them interfering with the investigation and protracting the proceedings. Hence, the petition filed by the petitioners has to be rejected. Making such submissions, learned HCGP for respondent - State prays for rejection of the petition.

Heard the learned counsel for the respective parties and perused the averments of the complaint.

The complainant - Smt.Chandrika, lodges a complaint stating that her husband had committed suicide on account of harassment by the petitioners. However, on reading the said complaint, the petitioners are the relatives of the deceased. There might be quarrel took

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place between the deceased and the petitioners in respect of the interest. However, that itself would not sufficient to indicate that the petitioners had instigated the deceased to commit suicide. Having considered the gravity and also the overt-act of the petitioners, it is appropriate to grant the relief, as prayed for.

Hence, I proceed to pass the following:

ORDER

i) The petition is allowed.

ii) The petitioners is ordered to be enlarged on bail in the event of their arrest in Crime No.302/2025 of respondent-police for the offence punishable under Sections 108 read with Section 3(5) of BNSS, 2023 pending on the file of the learned XXIV Additional Chief Judicial Magistrate, Bengaluru City on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court.

iii) The petitioners shall not tamper with the prosecution witnesses either directly or indirectly.

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iv) The petitioners shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

v) The petitioners shall not indulge in commission of any similar offence until the disposal of this case.

If the petitioners are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of the bail granted to them.

Sd/(S RACHAIAH) JUDGE

BKM

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