Allowed

M.Sarathi v. State of Karnataka by

Karnataka HC2 Feb 2026CRL.P/17685/2025

Case brief

AI extract

What is this about?

Regular bail sought by accused No.2 in a case registered under Sections 107 and 108 BNS after three related deaths. The court found whether non-repayment of borrowed money amounted to abetment to suicide was a matter of investigation, noted absence of criminal antecedents and that offences were not punishable with death or life imprisonment, and granted bail with conditions.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000 with one surety, subject to conditions against tampering witnesses, attendance at trial, and co-operation with investigation.

M.Sarathi Vs State of Karnataka by — Bail and Remand | Karnataka HC (2026)

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NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17685 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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M. SARATHI S/O MUTHURAJ AGED ABOUT 43 YEARS R/AT NO.4, KHATHA NO.11 RAYASANDRA POST HUSKUR BANGALORE-560 099

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…PETITIONER

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(BY SRI. VEERANNA G. TIGADI, ADVOCATE FOR SRI. MOHAMED KHAN A, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE STATION (REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX) BENGALURU-01

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…RESPONDENT

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(BY SRI. M.R. PATIL, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S.483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.315/2025 REGISTERED BY THE SUDDGUNTEPALYA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 107,108 OF BNS ACT 2023 PENDING ON THE FILE OF THE CJM AT BENGALURU.

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NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR FURTHER HEARING, 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.2 under Section 483 of BNSS praying to grant bail in Crime No.315/2025 of Suddguntepalya Police Station, registered for offences

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under Section 107 and 108 of BNS.

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Heard learned counsel for petitioner and learned

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counsel for respondent/State.

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Learned counsel for petitioner would contend that the averments of the complaint indicate that all the three deceased persons went to temple on 07.12.2025 i.e. the previous day of the incident and that itself indicates that they were happy and there was no occasion for them to commit suicide. Whether the said death note is written prior to 07.12.2025 when they visited the temple or subsequently, is not made known in the death note. The averments of the death note indicate that there are

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3 - NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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monetary transactions between petitioner and the

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deceased - Sudha. Deceased Monish Kumar, who is the son of deceased - Sudha, whether committed suicide or whether deceased - Sudha administered poison to him is a matter of investigation. If deceased - Sudha has administered the poison to deceased Monish Kumar, then offence under Section 107 is not attracted against the petitioner. What was the cause of suicide by Madamma is not forthcoming. The said Madamma had talked with the complainant on the same day at 07.55 a.m. Whether the petitioner is the person whose acts abated the deceased persons to commit suicide is a matter of investigation and trial. The offence alleged against the petitioner under Section 108 of BNS is provided with sentence which may extend to 7 years. The petitioner is ready to co-operate with the police in further investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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4 - NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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Per contra , learned HCGP would contend that

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deceased - Sudha has left the death note wherein the name of this petitioner has been specifically stated that he had married deceased - Sudha and were doing business. The petitioner who borrowed money from the deceased for the business has not repaid which deceased - Sudha has to repay the same to other persons from whom she borrowed money. The investigation is in progress. If the petitioner is granted the bail, there are chances of him tampering the prosecution witnesses and hampering the investigation. With this, he prayed to reject the petition.

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Having heard the learned counsels, the Court has

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

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There is a death of three persons, namely Sudha, Monish Kumar and Madamma. Monish Kumar is the son

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and Madamma is the mother of deceased - Sudha. Deceased-Sudha had relationship and business transactions with the petitioner as per statements

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5 - NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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contained in the death note. As per death note, deceased had money transactions with the petitioner and business transactions with him. There is an allegation in the death note that this petitioner has not repaid the money so as deceased – Sudha to repay the same to the persons from

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whom she borrowed and given it to the petitioner. Whether non-payment of amount borrowed amounts to abatement to commit suicide is a matter of investigation and trial. Whether deceased - Monish Kumar, who is the minor son of deceased - Sudha, has committed suicide or whether Sudha has administered poison to him is a matter of investigation. What was the reason for Madamma to commit suicide has to be ascertained in the investigation. The petitioner has undertaken to co-operate with the IO in further investigation, if any. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life.

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NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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Considering the above, the petitioner has made

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out case for grant of bail with conditions. In the result, the following:

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ORDER

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Petition is allowed. Petitioner is granted bail in Crime No.315/2025 of Suddaguntepalya Police Station, subject to following conditions:

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(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court.

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(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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(iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and

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co-operate for speedy disposal of the case.

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NC: 2026:KHC:5813 CRL.P No. 17685 of 2025

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HC-KAR

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(iv) Petitioner shall co-operate with the IO in further investigation, if any.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 6

M.Sarathi v. State of Karnataka by

Case brief

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M.Sarathi v. State of Karnataka by

Case brief

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