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Judgment
15 paragraphs · 432 wordsK. V. Aravind, J
Heard Sri M. Shashidhara, learned counsel for the petitioner and Sri Harish Ganapathi, learned High Court Government Pleader for the respondent-State.
This Criminal Petition is filed by the accused under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'BNSS'), in respect of Crime No.34/2026 registered by the Tyamagondlu Police Station, Bengaluru, for the offences punishable under Sections 107 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').
Learned counsel for the petitioner/accused submits that the complaint lodged by the father of the deceased is devoid of any basis. It is contended that the petitioner had neither interacted with nor provoked the deceased to commit suicide. It is further submitted that the deceased committed suicide due to personal and family-related reasons.
Learned High Court Government Pleader appearing for the respondent-State submits that, if the petitioner is granted anticipatory bail, he may not cooperate with the investigation and may also fail to participate in the trial proceedings.
Considered the submissions made by learned counsel for the petitioner and learned High Court Government Pleader.
The complaint has been lodged by the father of the deceased girl, who is alleged to have committed suicide by hanging. Prima facie, the material placed on record does not disclose the attraction of the ingredients of the alleged offences. The petitioner is aged about 22 years. If the petitioner is denied anticipatory bail and is taken into custody, the same is likely to adversely affect his career prospects and personal liberty.
In view of the above, the following:
Order
(i) The criminal petition is allowed.
(ii) The respondent-Police are directed to release the petitioner/accused on bail, in the event of his arrest in Crime No.34/2026 registered by the Tyamagondlu Police Station, Bengaluru, for the offences punishable under Sections 107 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), subject to the following conditions:
(a) The petitioner/accused shall appear before the Investigating Officer within 15 days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
(b) The petitioner shall regularly appear before the Trial Court without fail, unless exempted by the Trial Court.
(c) The petitioner shall not tamper with the prosecution witnesses and shall cooperate with the Police in the investigation and appear before them whenever called upon to do so.
(d) The petitioner shall not indulge in any criminal activity.
