IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14809 OF 2025 [(438(Cr.PC) / 482(BNSS)]

BETWEEN:

CHETHAN C.V.

S/O. VASANTHAKUMAR, AGED ABOUT 33 YEARS, R/AT: CHIMMATAGERE VILLAGE, GONIBEEDU HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU - 577 132.

…PETITIONER (BY SRI. S.G.RAJENDRA REDDY, ADVOCATE)

AND:

THE STATE BY SHO OF BASAVANAHALLI POLICE STATION, CHIKKAMAGALURU DISTRICT, REPRESENTED BY S.P.P., Digitally sign ed by LAKSHMINARAYANA HIGH COURT, MURTHY RAJASHRI BENGALURU - 560 001.

Location: HIGH …RESPONDENT COURT OF KARNATAKA (BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) CR.P.C PRAYING TO DIRECT THE STATION HOUSE OFFICER OF THE BASAVANAHALLI POLICE STATION, CHIKKAMAGALURU DISTRICT TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.50/2022 OF BASAVANAHALLI POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 306 AND 34 OF IPC, PENDING BEFORE THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.50/2022 of Basavanahalli Police Station, registered for offences punishable under Sections 306 and 34 of Indian Penal Code.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, the allegation against the petitioner is that, he did not repay the amount borrowed from the deceased and did not repay the loan borrowed in the name of the deceased and absconded from the residence of the deceased. The said aspect does not amount to abetment to commit suicide. Now, the charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. The death note also contains a similar averments as contained in the charge sheet. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, the deceased has left a death note wherein it is stated that, the petitioner is cause for committing suicide. The offence alleged against the petitioner is punishable with imprisonment for ten (10) years. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

6. As per the case of the prosecution, the deceased and the petitioner were residing together and were running a business. The deceased had borrowed loan and given it to the petitioner and the petitioner did not repay the same. The petitioner has also borrowed money from the deceased and he has not repaid the same. The petitioner has left the house of the deceased and as the lenders were harassing the deceased for repayment, she has committed suicide and left a death note. The investigation is over and the charge sheet has been filed. Therefore, the petitioner is not required for the custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner has undertaken to appear before the trial Court and abide by any conditions imposed by this Court.

There are no criminal antecedents of the petitioner.

7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.50/2022 of Basavanahalli Police Station and is ordered to be released on bail in the event his arrest, subject to following c