Anticipatory bail granted amidst deletion of serious charges, emphasizing prosecution's need for strong evidence of intent in abetting suicide.

ORAL ORDER

Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record.

2. Petitioners are arraigned as accused Nos.2 to 4 in Crime No.84/2025 of Aldur Police Station, Chikkamagalur, registered for the offence punishable under Section 80 , 103, 3(5) of BNS, 2023.

3. This petition is preferred under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail.

4. FIR is registered on a complaint lodged by Sri Syyed Javid. He has alleged that his daughter Simran was given in marriage to Imran, resident of Kattegadde, Aldur Taluk, Chikkamagalur, on 27.03.2020. For about 4 months, they lived happily, thereafter all the accused subjected his daughter to physical and mental torture demanding dowry etc., on account of which his daughter committed suicide on 23.06.2025 in her matrimonial home.

5. In the complaint, it is alleged that the petitioners have subjected the deceased to cruelty in connection with dowry and they have committed her murder. However, while filing chargesheet, Section 80 and 103 of BNS, 2023 have been deleted. Chargesheet is filed against accused Nos.1 to 4 for the offence punishable under Section 85 , 108, 3(5) of BNS, 2023.

6. The case of prosecution is that on account of physical and mental torture and due to abetment by the accused, first informant’s daughter Simran committed suicide on 23.06.2025 by hanging herself in her matrimonial home.

7. Accused No.1 is arrested and he is in judicial custody. Petitioners are sister, brother and mother of accused No.1. Omnibus allegations are made against them that they too have harassed and tortured the deceased etc.

8. It is contended by the learned counsel that the deceased was staying with her husband separately. Petitioner No.1, sister of accused No.1, is married and living with her husband in Hassan. Petitioner Nos.2 and 3 are not residing along with deceased and accused No.1. He further contended that, though it is alleged in the complaint that all the accused have subjected the deceased to cruelty demanding dowry etc., and they committed her murder, during investigation those allegations were found to be false, hence, Section 80 and 103 of BNS, 2023 which were invoked in the FIR have been deleted while filing chargesheet. In so far as Section 85 and 108 of BNS, 2023 are concerned, he contended, omnibus allegations are made against the petitioners, namely, the sister, brother and mother of accused No.1.

9. According to the learned counsel, petitioners were not staying with accused No.1 and deceased, at the time of incident. Petitioner No.1 is a married sister of accused No.1 and she is staying in Hassan, along with her husband. Petitioner Nos.2 and 3, namely the brother and mother of accused No.1 are also residing separately.

10. Prosecution has to establish that the petitioners have intentionally aided or abetted the deceased to commit suicide. Section 80 and 103 of BNS, 2023 invoked in the FIR have been deleted while filing charge sheet. Petitioners have undertaken to furnish adequate surety to ensure their regular presence before the trial Court. In the facts and circumstances, relief sought by the petitioners can be granted by imposing necessary conditions. Hence, the following:

ORDER i. Petition is allowed ii. Petitioner/accused Nos.2 to 4 in Crime No.84/2025 of Aldur Police Station, Chikkamagalur, shall be released in the event of their arrest, subject to following conditions:

a) They shall appear before the jurisdictional Court within a period of