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Judgment
Accused No.1 in Crime No.184 of 2026 registered by Honnali Police Station, Davanagere District for offences punishable under Sections 48, 108, 351(2) R/w Section 190 of BNS, 2023 is filed in this petition under Section 482 of BNSS, 2023 seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.184 and 2026 was registered by Honnali Police Station, Davanagere District for the aforesaid offences against the petitioner herein and others, based on first information dated 18.07.2016, received from Smt. Dakshayanamma, mother of deceased Manikanta. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.710 of 2026 before the jurisdictional Sessions Court, which was rejected on 19.08.2026. Therefore, she is before this Court.
Perusal of the material on record would go to show that, the marriage of the petitioner with Manikanta, who is the deceased in the present case, was solemnized on 29.04.2026. It appears that after the marriage, on 30.05.2026 the petitioner and Manikanta had visited Mantralaya and had stayed there. Petitioner allegedly had informed her husband in Mantralaya that she had an affair with accused no.6 - Satisha. The allegation against the petitioner is that she had continued her affair with Satisha, even after marriage, and therefore, Manikanta had committed suicide on 16.07.2026. In the death note allegedly left behind by Manikanta, he has not made any such allegation that his wife had continued her relationship with accused no.6 even after her marriage. On the other hand, in the said death note Manikanta had mentioned that his conscious does not permit him to live and therefore, he was committing suicide.
For the purpose of invoking offence punishable under Section 108 of BNS, 2023, the act committed by the accused should have some proximity to the death of deceased and such an act should have either abetted or instigated the deceased to commit suicide. There is no mention of any such act committed by the petitioner, in the first information. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. 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 her arrest in Crime No.184 of 2026 registered by Honnali Police Station, Davanagere District for offences punishable under Sections 48, 108, 351(2) R/w Section 190 of BNS, 2023, subject to the following conditions:
The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.
