Reshma Bhanu Vs State by

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CODE OF CRIMINAL PROCEDURE (U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION AND GRANT BAIL TO PETITIONER IN CRIME NO.16/2026 OF TILAK PARK POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 108 AND 352 OF BNS, PENDING ON THE FILE OF 3^RD ADDL. CIVIL JUDGE AND JMFC, AT TUMAKURU.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:17154 CRL.P No. 2887 of 2026

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HC-KAR

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ORAL ORDER

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The petitioner / accused, is before this Court seeking regular bail in Crime No.16/2026 registered by the respondent-police for the offences punishable under Sections 108, 352 of the Bharatiya Nyaya Sanhita, 2023.

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Brief facts of the case:

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The case of the prosecution is that, the son of the deceased lodged a complaint on 28.01.2026 stating that, his mother Nazima had borrowed an amount of Rs.30,000/- from the petitioner. Due to unavoidable circumstances and financial constraints, the said amount could not be repaid within time. Such being the fact, it is alleged that on 28.01.2026, around about 04.00 p.m., the petitioner herein had called the mother of the complainant over the phone and abused and instigated her, stating that she should repay the amount or else she should go and die etc. The mother of the complainant had informed the said fact to the wife of the complainant. The complainant had consoled his mother and assured her that the amount would be cleared shortly. However,

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4 - NC: 2026:KHC:17154 CRL.P No. 2887 of 2026

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HC-KAR

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the mother of the complainant, being disturbed by the instigation and threats of the petitioner, committed suicide. Hence, the complainant has lodged a complaint before the police to take suitable action against the petitioner. The respondent - police, after registering the case, conducted the investigation.

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Heard Sri C.S. Madhu, learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for the respondent – State.

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The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. She is a woman and there is no proof to show that the petitioner had called the deceased and threatened her that she should pay the amount or else she should end her life.

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It is further submitted that there is no nexus between the instigation and the suicide committed by the deceased. The petitioner is in judicial custody since 28.01.2026. She has children and family. She will abide by the

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NC: 2026:KHC:17154 CRL.P No. 2887 of 2026

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HC-KAR

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conditions imposed by this Court in the event of her release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent - State vehemently submitted that the petitioner being a woman of the same locality where the deceased was residing, had advanced a sum of Rs.30,000/to the deceased and she frequently demanded the deceased to return the said amount and threatened the deceased by way of public insult. Consequently, the deceased became upset and committed suicide. The petitioner has committed a heinous offence. Therefore, it is not appropriate to grant her bail. Making such submissions, learned High Court Government Pleader prays to reject the petition.

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Heard learned counsel for the respective parties and perused the averments of the complaint, where it indicates that complainant being the son of the deceased, stated in his complaint that his mother had borrowed an amount of Rs.30,000/- from the petitioner. They could

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6 - NC: 2026:KHC:17154 CRL.P No. 2887 of 2026

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HC-KAR

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not clear the loan as they were facing financial crisis. However, the mother of the complainant was being harassed and humiliated and degraded in front of the public that she should pay the amount or else she should die. As per the averments of the complaint, the mother of the complainant has committed suicide on account of instigation of the petitioner. However, on reading the complaint and also other documents available on record, I am of the considered opinion that the petitioner has made out a case to grant her bail, not only on the basis of merit, but also other facts and circumstances of the case.

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Hence, I proceed to pass the following:-

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ORDER

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(i) The Criminal Petition is allowed.

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(ii) The petitioner is ordered to be enlarged on bail in Crime No.16/2026 registered by the respondent-police for the offences stated supra , on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only)

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HC-KAR

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with one surety for the likesum to the

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satisfaction of the Trial Court.

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(iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

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(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

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(v) The petitioner shall not involve in any criminal activities till disposal of the case.

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In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

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Sd/(S RACHAIAH) JUDGE

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Bss List No.: 1 Sl No.: 54

Reshma Bhanu v. State by

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Reshma Bhanu v. State by

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