Karnataka High Court
CRL.P/113/2026 of SMT. SANGEETHA S Vs THE STATE OF KARNATAKA on 6 April 2026
NC: 2026:KHC:18319 CRL.P No. 113 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 113 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT. SANGEETHA S W/O SIVASHANKAR AGED ABOUT 34 YEARS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 113 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1.
SMT. SANGEETHA S
W/O SIVASHANKAR
AGED ABOUT 34 YEARS
R/AT NO. 11, 1ST CROSS,
CHRISTIAN COLONY, SRIRAMPURAM
BANGALORE-560 021.
2.
SRI. SHIVA @ SHIVASHANKAR D
S/O DEVARAJ, AGED ABOUT 36 YEARS
R/AT 103, JCW NAGAR,
SHESHADRIPURAM
BENGALURU-560 020.
…PETITIONERS
(BY SRI. VISHRUTH C.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY MAGADI ROAD POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BENGALURU 560 001
…RESPONDENT
(BY Smt.ANITHA GIRISH, HCGP)
Digitally
signed by
PAVITHRA
N
Location:
High
Court of
Karnataka
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THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PRAYING TO GRANT OF ANTICIPATORY BAIL
TO THE PETITIONERS IN CONNECTION WITH CRIME NO.
302/2025 REGISTERED AT MAGADI ROAD POLICE STATION
FOR ALLEGED OFFENCES UNDER SECTION 108 READ WITH
SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, AT
ANNEXURE-A,
PENDING
BEFORE
THE
XXIV
ADDITIONAL CHIEF JUDICIAIL MAGISTRATE, BENGALURU
CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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ORAL ORDER
The petitioners are accused Nos.1 and 2 seeking regular bail in Crime No.302/2025 of Magadi Road Police Station for the offences punishable under Sections 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XXIV Additional Chief Judicial Magistrate, Bengaluru City.
Brief facts of the case:
2. The case of the prosecution is that a complaint was lodged by one Smt. Chandrika stating that there had been a monetary transaction between her family and the petitioners about three years ago. It is alleged that her
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husband had borrowed a sum of Rs.50,000/- from the petitioners. Owing to the illness of their young child, she and her husband were unable to pay the monthly interest for two months. It is further alleged that her husband committed suicide by hanging at his residence on 15.12.2025 at about 2.00 a.m. On the said day, the accused persons are stated to have visited the house of the complainant and threatened her with dire consequences if the amount was not repaid. Hence, the complaint came to be filed.
3. Based on the said complaint, the respondent/police registered a case and, the investigation is under progress.
4. The submissions of the learned counsel for the petitioners are that the complaint has been filed with an intention to harass the petitioners. There is no overt-act attributed against the petitioners. The allegations made in the complaint are baseless and bald. Mere pressurizing the
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deceased to return the amount of which he had borrowed would not attract the ingredients of abatement.
5. It is further submitted that the petitioners are husband and wife. They are having children and they are permanent residents of the address shown in the cause title. The petitioners are having no criminal antecedents and are having deep roots in the society.
6. The learned counsel for the petitioners further submitted that accused Nos.3 to 5, who are similarly placed as that of these petitioners have been granted bail by this Court in Crl.P No.17531/2025 (DD 26.12.2025). Therefore, the petitioners may be enlarged on bail on the ground of parity. Making such submissions, the learned counsel for the petitioners prays to allow the petition.
7. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submits that the petitioners were continuously harassing the complainant and her husband in connection with the loan
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of Rs.50,000/- which was availed by the deceased. As the complainant and her husband were unable to pay the interest amount, they were allegedly subjected to harassment by the petitioners. It is further submitted that the investigation is under progress. At this stage, if the petitioners are enlarged on bail, there is every likelihood of them interfering with the investigation and protracting the proceedings. Hence, the petition filed by the petitioners has to be rejected. Making such submissions, learned HCGP for respondent - State prays for rejection of the petition.
8. Heard the learned counsel for the respective parties and perused the averments of the complaint.
9. The complainant - Smt.Chandrika, lodges a complaint stating that her husband had committed suicide on account of harassment by the petitioners. However, on reading the said complaint, the petitioners are the relatives of the deceased. There might be quarrel took
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place between the deceased and the petitioners in respect of the interest. However, that itself would not sufficient to indicate that the petitioners had instigated the deceased to commit suicide. Having considered the gravity and also the overt-act of the petitioners, it is appropriate to grant the relief, as prayed for. Hence, I proceed to pass the following:
ORDER
i) The petition is allowed. ii) The petitioners is ordered to be enlarged on bail in the event of their arrest in Crime No.302/2025 of respondent-police for the offence punishable under Sections 108 read with Section 3(5) of BNSS, 2023 pending on the file of the learned XXIV Additional Chief Judicial Magistrate, Bengaluru City on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court.
iii) The petitioners shall not tamper with the prosecution witnesses either directly or indirectly.
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iv) The petitioners shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. v) The petitioners shall not indulge in commission of any similar offence until the disposal of this case.
If the petitioners are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of the bail granted to them.
Sd/- (S RACHAIAH) JUDGE
BKM List No.: 1 Sl No.: 4