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Judgment
Accused Nos.1 to 3 in Crime No.239/2026 registered by Bannur Police Station, Mysuru, for the offences punishable under Sections 352, 351(2), 108 and 3(5) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.239/2026 was registered by Bannur Police Station, Mysuru, for the aforesaid offences against the petitioners herein based on the first information dated 14.09.2026 received from Shankaregowda, father of deceased Siddegowda. Apprehending arrest in the case, petitioners had approached the jurisdictional Sessions Court in Crl.Misc.No.1569/2026 which was rejected on 23.09.2026. Therefore, they are before this Court.
A reading of the first information dated 14.09.2026 submitted by the father of deceased Siddegowda, would go to show that on 10.09.2026, there was a quarrel between accused persons and the mother of deceased and subsequently, accused persons allegedly had assaulted the mother of deceased and therefore, police complaint was lodged in Bannur Police Station on 11.09.2026. It is further alleged that immediately after the alleged incident had taken place on 10.09.2026, accused persons had abused the deceased stating that he could not do anything inspite of they abusing and assaulting his mother.
Siddegowda thereafter had consumed poison on the night of 11.09.2026 and immediately thereafter, he was shifted to Hospital, where he had died on 13.09.2026 while undergoing treatment. FIR was thereafter registered against the petitioners herein on 14.09.2026. In the first information, there is no such material which would go to show that petitioners have committed any such act immediately prior to Siddegwoda committing suicide, which in normal circumstances, would have either instigated or abetted a person to commit suicide. Petitioners are agriculturist and they have no other criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, 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 petitioners in the event of their arrest in Crime No.239/2026 registered by Bannur Police Station, Mysuru, for the offences punishable under Sections 352, 351(2), 108 and 3(5) of BNS, 2023, subject to the following conditions:
The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-each with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioners shall not involve in similar offences in future.