The court found that new medical evidence indicating suicide justified granting anticipatory bail despite previous rejections.

ORAL ORDER

Accused No.1 in Crime No.428/2024 registered by Sarjapura Police Station, Bengaluru Rural District for the offences punishable under Sections 85 & 108 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.428/2024 was registered by Sarjapura Police Station, Bengaluru Rural District against the petitioner herein and two others on the basis of first information dated 12.11.2024 received from Sri Rajan Alakad S/o P.K.Nanu. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5201/2025, which was rejected on 15.04.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that the petitioner had earlier approached this Court in Crl.P.No.14186/2024 along with his parents and the said petition was partly allowed. He submits that the petitioner's prayer for anticipatory bail was rejected for the reason that cause of death was not ascertained at that stage. Subsequently, the postmortem report of the deceased has been received and it is apparent that the deceased had committed suicide by consuming poison.

Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the bail petition on the ground that investigation of the case is under progress. However, she has not dispute the submission made by learned counsel for the petitioner.

6. Perusal of the material on record would go to show that, marriage of the petitioner with the deceased Sneha Rajan was solemnized in the year 2015 and from the said wedlock they have a son aged about 8 years. From a reading of the averments in the first information it is also clear that the marriage of the petitioner with the deceased Sneha Rajan was a love marriage. It appears that the couple had lived happily for a couple of years after the marriage and it is alleged that subsequently the petitioner was ill-treating his wife on petty issues and this was informed by her to her parents.

7. On 11.11.2024, the first informant was informed by his relative Manoj Kumar that Sneha Rajan was admitted in the hospital and therefore immediately the first informant rushed to the hospital and found that his daughter Sneha had died. On enquiry he came to know that, prior to Sneha being admitted to the hospital she had vomited 3-4 times and therefore he suspected foul play in the death of his daughter and accordingly, he approached the police.

8. The petitioner's earlier bail application in Crl.P.No.14186/2024 was rejected by the coordinate bench of this Court on the ground that cause of death was yet to be ascertained. Subsequent to disposal of Crl.P.No.14186/2024, the postmortem report of the deceased is obtained and from a perusal of the same it is apparent that the deceased had committed suicide by consuming poison. The medical reports of the deceased would also go to show that, she had not suffered any injury on her person. Therefore, any foul play also cannot be suspected in the death of the deceased. The petitioner is the husband of the deceased and he is required to take care of his minor son, aged about 8 years. Undisputedly, he has no other criminal antecedents. He is said to be a software engineer working in MNC.

9. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively.

10. Accordingly, the following:

ORDER

The Criminal 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.428/2024 registered by Sarjapura P