Criminal Petition No. 7450 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18681 CRL.P No. 7450 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7450 OF 2025 BETWEEN: SRI HARI @ PILLAI HARI SASIDHARAN S/O SASIDHARAN PILLAI AGED ABOUT 35 YEARS R/AT FLAT NO.S-72, 3RD FLOOR 'F' BLOCK, PSR ASTER APARTMENTS CHAMBENAHALLI, SARJAPURA HOBLI ANEKAL TALUK, BANGALORE RURAL DIST. 562 125. (BY SRI RAVIKUMARA B.R, ADV.) AND:
Legal Reasoning
STATE BY SARAJAPURA P.S REPRESENTED BY SPP HIGH COURT BUILDING - 560 001.
Legal Reasoning
(BY SMT. RASHMI PATEL, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THIS PETITIONER IN CR.NO.428/2024 FOR THE ALLEGED OFFENCES P/U/S. 108, 85 OF BNS ACT 2023 PENDING BEFORE THE HONBLE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANEKAL, BANGALORE RURAL DISTRICT, BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR.NO.428/2024 FOR THE ALLEGED OFFENCE PUNISHABLE U/S. 108, 85 OF BNS ACT 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18681 CRL.P No. 7450 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.428/2024 registered by Sarjapura Police Station, Bengaluru Rural District for the offences punishable under Sections 85 & 108 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.428/2024 was registered by Sarjapura Police Station, Bengaluru Rural District against the petitioner herein and two others on the basis of first information dated 12.11.2024 received from Sri Rajan Alakad S/o P.K.Nanu. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5201/2025, which was rejected on 15.04.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:18681 CRL.P No. 7450 of 2025 HC-KAR 4. Learned counsel for the petitioner submits that the petitioner had earlier approached this Court in Crl.P.No.14186/2024 along with his parents and the said petition was partly allowed. He submits that the petitioner's prayer for anticipatory bail was rejected for the reason that cause of death was not ascertained at that stage. Subsequently, the postmortem report of the deceased has been received and it is apparent that the deceased had committed suicide by consuming poison. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition on the ground that investigation of the case is under progress. However, she has not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that, marriage of the petitioner with the deceased Sneha Rajan was solemnized in the year 2015 and from the said wedlock they have a son aged about 8 years. From a reading of the averments in the first information it - 4 - NC: 2025:KHC:18681 CRL.P No. 7450 of 2025 HC-KAR is also clear that the marriage of the petitioner with the deceased Sneha Rajan was a love marriage. It appears that the couple had lived happily for a couple of years after the marriage and it is alleged that subsequently the petitioner was ill-treating his wife on petty issues and this was informed by her to her parents. 7. On 11.11.2024, the first informant was informed by his relative Manoj Kumar that Sneha Rajan was admitted in the hospital and therefore immediately the first informant rushed to the hospital and found that his daughter Sneha had died. On enquiry he came to know that, prior to Sneha being admitted to the hospital she had vomited 3-4 times and therefore he suspected foul play in the death of his daughter and accordingly, he approached the police. 8. The petitioner's earlier bail application in Crl.P.No.14186/2024 was rejected by the coordinate bench of this Court on the ground that cause of death was yet to be ascertained. Subsequent to disposal of - 5 - NC: 2025:KHC:18681 CRL.P No. 7450 of 2025 HC-KAR Crl.P.No.14186/2024, the postmortem report of the deceased is obtained and from a perusal of the same it is apparent that the deceased had committed suicide by consuming poison. The medical reports of the deceased would also go to show that, she had not suffered any injury on her person. Therefore, any foul play also cannot be suspected in the death of the deceased. The petitioner is the husband of the deceased and he is required to take care of his minor son, aged about 8 years. Undisputedly, he has no other criminal antecedents. He is said to be a software engineer working in MNC. 9. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 10. Accordingly, the following:
Decision
ORDER The Criminal Petition is allowed. - 6 - NC: 2025:KHC:18681 CRL.P No. 7450 of 2025 HC-KAR The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.428/2024 registered by Sarjapura Police Station, Bengaluru for the offences punishable under Sections 85 & 108 of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS