Sri B N Nageshaiah @ Nagesh Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.121/2025 REGISTERED BY THE DEVANAHALLI POLICE STATION FOR THE ALLEGED OFFENCE P/U/S/ 107, 3(5) OF BNS 2023. THE COPY OF FIR IN CRIME NO.121/2025 ANNEXURE A AND COMPLIANT ANNEXURE B ON THE FILE PENDING BEFORE CIVIL JUDGE AND JMFC AT DEVANAHALLI.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.121/2025 of Devanhalli Police Station registered for offences under Sections 107, 3(5) of BNS.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for the respondent –State.

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Learned counsel for the petitioner would contend that the petitioner is father of the deceased and accused No.1 is the mother of the petitioner and grandmother of the deceased. The allegation against this

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3 - NC: 2026:KHC:3136 CRL.P No. 15235 of 2025

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HC-KAR

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petitioner is that the petitioner abused the deceased in filthy words, stating that his mother should not die and asked the deceased to go and die. Thereafter, the deceased made a phone call to her mother and committed suicide in the house. The alleged act of petitioner asking the deceased to go and die and abusing her in filthy language does not amounts to abatement. The petitioner is in judicial custody since 15.09.2025. As major portion of the investigation is over, the petitioner is not required for further custodial interrogation. With this, he prayed to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent –State would contend that the statement of the neighbours have been recorded wherein they have stated the act of this petitioner abusing his daughter and asking her to go and die. The matter is under investigation. If the petitioner is granted bail, there are chances of him hampering the investigation and

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4 -

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NC: 2026:KHC:3136 CRL.P No. 15235 of 2025

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HC-KAR

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tampering the prosecution witnesses. With this, he prays to reject the petition.

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Having heard learned counsels, the Court has

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perused the FIR, complaint and other materials placed on record.

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The deceased is the daughter of petitioner and the complainant. Accused No.2 is the grandmother of the deceased and mother of the petitioner. The deceased was aged 17 years and she was studying in II PUC. She was residing with petitioner and the complainant. It is alleged that on 12.09.2025, accused No.2 -grandmother came to the house of this petitioner and when they were talking regarding family matters, they quarreled with the complainant and the deceased, abused the complainant and deceased and son of the complainant in filthy words, telling that they will not listen to them and they will only listen to the words of mother and they are waste bodies and asked them to go and die. Thereafter, accused No.2 went back to her place. On 14.09.2025, when deceased

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5 - NC: 2026:KHC:3136 CRL.P No. 15235 of 2025

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HC-KAR

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came to the house, the petitioner was alone and he abused the deceased in filthy words and asked her to go and die. Thereafter, the deceased committed suicide. Whether the act of this petitioner, abusing the deceased and asking her to go and die whether amounts to abatement to commit suicide is matter of investigation and trial. The petitioner is in judicial custody since 15.09.2025. As major portion of the investigation is over, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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7. In the result, the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is granted bail in Crime No.121/2025 of Devanhalli Police Station

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NC: 2026:KHC:3136 CRL.P No. 15235 of 2025

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HC-KAR

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registered for offences under Sections 107,

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3(5) of BNS subject to following conditions:

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a) The petitioner -accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/with one surety for the likesum to the satisfaction of the trial Court.

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b) The petitioner -accused No.1 shall not tamper the prosecution witnesses either directly or indirectly.

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c) The petitioner -accused No.1 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 2 Sl No.: 18

Sri B N Nageshaiah @ Nagesh v. State of Karnataka

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Sri B N Nageshaiah @ Nagesh v. State of Karnataka

Case brief

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