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2025 Supreme(Online)(Kar) 9791
KARNATAKA HIGH COURT
Judge, J
MR MANJUNATHA ALIAS MANJU C R – Appellant
Versus
STATE OF KARNATAKA – Respondent
Anticipatory Bail Application | Crime No.240/2024
For the Appellant/Petitioner:[Learned Counsel for the petitioner]
For the Respondents: [Learned HCGP]
Anticipatory bail granted based on absence of criminal antecedents and completion of investigation.
Headnote:The petitioner sought anticipatory bail under Section 482 of BNSS, 2023, following a rejected application before the Sessions Court. The FIR was filed based on a complaint regarding the suicide of the petitioner's wife and subsequent actions leading to the death of their children. The court found no criminal antecedents and allowed the bail with conditions. Key issues included the nature of the offences and the petitioner's mental state. The court ruled favorably, granting bail subject to conditions aimed at ensuring cooperation with the investigation.
| Table of Content |
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| 1. petitioner seeks bail under bns, 2023 due to mental state and investigation status. (Para 1 , 3) |
| 2. court considers mental health and lack of criminal record in bail decision. (Para 4 , 5 , 6) |
| 3. court grants bail with specific conditions to ensure compliance. (Para 7) |
ORAL ORDER
1. Accused no.2 in Crime No.240/2024 registered by K.R.Nagar Police Station, Mysuru District, for the offences punishable under Sections 108 , 109 , 103(1) of BNS , 2023, is before this Court under Section 482 of BNS S, 2023, seeking anticipatory bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.240/2024 was registered by K.R.Nagar Police Station, Mysuru District, against Pujariragu and the petitioner herein for the aforesaid offences on the basis on the first information dated 13.07.2024 received from Rangegowda - father of the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.5248/2024 before the jurisdictional Sessions Court, which was rejected on 19.12.2024. Therefore, he is before this Court.
4. Learned Counsel for the petitioner submits that after completing investigation, charge sheet is now filed only for the offences punishable under Sections 108 , 110 of BNS , 2023. As against the petitioner, only the offence punishable under Section 110 of BNS , 2023, gets attracted. Accused no.1 who was arrested in the present case has been enlarged on bail in Crl.P.No.8820/2024 disposed of on 25.09.2024. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner.
6. Material on record would go to show that deceased Sumithra was the wife of the petitioner herein and from their wedlock, they had two children. Sumithra, allegedly had illicit relationship with accused no.1. She was allegedly found in the company of accused no.1 inside a bathroom and feeling ashamed, she had committed suicide by consuming poison. Petitioner herein who was mentally disturbed after his wife had committed suicide, administered poison to his two children and had also attempted to commit suicide. The children who had consumed poison had subsequently died in the hospital and it is in this background, father of the petitioner had approached the police and based on his first information, FIR was registered in Crime No.240/2024. Investigation of the case is completed and charge sheet has been filed for the offences punishable under Sections 108 & 110 of BNS , 2023. The offence punishable under Section 103(1) of BNS , 2023, has been dropped in the charge sheet. So far as the petitioner is concerned, only the offence punishable under Section 110 of BNS , 2023, gets attracted. Accused no.1 who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.8820/2024 disposed of on 25.09.2024. Undisputedly, petitioner has no criminal antecedents. Investigation of the case is already completed. Therefore, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.240/2024 registered by K.R.Nagar Police Station, Mysuru District, for the offences punishable under Sections 108 , 109 , 103(1) of BNS , 2023, subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-opera
