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2026 Supreme(Online)(Kar) 2852

THE HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
SRI B N NAGESHAIAH @ NAGESH – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 15235/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15235 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

SRI B N NAGESHAIAH @ NAGESH S/O NARASIMHAIAH AGED ABOUT 44 YEARS R/AT CARE OF NANDA KUMAR \

NEAR MASJID KORACHARA STREET DEVANAHALLI TOWN PIN CODE 562 110 PERMANENT ADDRESS BELE VILLAGE AND POST PURUVARA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT 572 175 …PETITIONER Digitally signed by (BY SRI. CHOKKAREDDY., ADVOCATE)

LAKSHMINARAYANA MURTHY RAJAS HRI AND:

Location: HIGH COURT OF KARNATAKA STATE OF KARNATAKA BY DEVANAHALLI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001 …RESPONDENT (BY SRI.M.R.PATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.121/2025 REGISTERED BY THE DEVANAHALLI POLICE STATION FOR THE ALLEGED OFFENCE P/U/S/ 107, 3(5) OF BNS 2023. THE COPY OF FIR IN CRIME NO.121/2025 ANNEXURE A AND COMPLIANT ANNEXURE B ON THE FILE PENDING BEFORE CIVIL JUDGE AND JMFC AT DEVANAHALLI.

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

483 of BNSS praying to grant bail in Crime No.121/2025 of Devanhalli Police Station registered for offences under Sections 107, 3(5) of BNS.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for the petitioner would contend that the petitioner is father of the deceased and accused No.1 is the mother of the petitioner and grandmother of the deceased. The allegation against this petitioner is that the petitioner abused the deceased in filthy words, stating that his mother should not die and asked the deceased to go and die. Thereafter, the deceased made a phone call to her mother and committed suicide in the house. The alleged act of petitioner asking the deceased to go and die and abusing her in filthy language does not amounts to abatement. The petitioner is in judicial custody since 15.09.2025. As major portion of the investigation is over, the petitioner is not required for further custodial interrogation. With this, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the statement of the neighbours have been recorded wherein they have stated the act of this petitioner abusing his daughter and asking her to go and die. The matter is under investigation. If the petitioner is granted bail, there are chances of him hampering the investigation and tampering the prosecution witnesses. With this, he prays to reject the petition.

5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

6. The deceased is the daughter of petitioner and the complainant. Accused No.2 is the grandmother of the deceased and mother of the petitioner. The deceased was aged 17 years and she was studying in II PUC. She was residing with petitioner and the complainant. It is alleged that on 12.09.2025, accused No.2 -grandmother came to the house of this petitioner and when they were talking regarding family matters, they quarreled with the complainant and the deceased, abused the complainant and deceased and son of the complainant in filthy words, telling that they will not listen to them and they will only listen to the words of mother and they are waste bodies and asked them to go and die. Thereafter, accused No.2 went back to her place. On 14.09.2025, when deceased came to the house, the petitioner was alone and he abused the deceased in filthy words and asked her to go and die. Thereafter, the deceased committed suicide. Whether the act of this petitioner, abusing the deceased and asking her to go and die whether amounts to abatement to commit suicide i

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